Privacy Policy / Terms of Agreement
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW. AS USED HEREIN, THE TERM 'IH' REFERS TO INDIEHEAVEN., THE SOLE OWNER AND OPERATOR OF THE WEBSITE; THE TERM 'YOU' OR 'YOUR' REFERS TO AN INDIVIDUAL, REPRESENTING YOURSELF OR, IF APPLICABLE, ACTING AS LEGAL REPRESENTATIVE FOR A GROUP, BUSINESS ENTITY OR CORPORATION. LIMITATION OF LIABILITY: IN NO EVENT WILL IH BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF IH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Copyright notice. All material on indieheaven.com is protected by copyright law and by international treaties. You may download this material and make reasonable number of copies of this material only for your own personal use. You may not otherwise reproduce, distribute, publicly perform, publicly display, or create derivative works of this material, unless authorized by the appropriate copyright owner(s). WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. IH MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, IH MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IH WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL IH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW. SERVICES: IH STAFF HAVE THE RIGHT AT ANY TIME TO SUSPEND OR VOID SERVICE(S). YOU WILL BE NOTIFIED IMMEDIATELY IF SUCH HAPPENS, AND WILL BE GIVEN A FAIR OPPORTUNITY TO REFUTE ON YOUR BEHALF. THE SUSPENSION OR VOID OF SERVICE(S) INCLUDES PAID SERVICES. IF YOUR SERVICE(S) ARE SUSPENDED OR VOIDED, YOU WILL RECEIVE NO REFUND, AND RELEASE YOUR ACCOUNT BALANCE TO IH UNLESS OTHERWISE NEGOTIATED. THERE WILL BE NO REFUNDS OF MEMBERSHIP FEES IF ARTIST DESIRES TO LEAVE THE SITE BEFORE THEIR PREPAYMENT TIME HAS EXPIRED. FEES FOR BID PLACEMENT PROGRAM WILL VARY WITH ACTIVITY AND WILL BE THE ARTIST'S RESPONSIBILITY TO KEEP TRACK OF ACTIVITY. ARTISTS CAN REGISTER AND LEAVE THE BID PLACEMENT PROGRAM AT ANYTIME, WITHOUT CONSENT FROM INDIEHEAVEN STAFF. ALL CHARGES AND DEBITS FOR VARIOUS PROGRAMS WILL BE ACCRUED DURING THE BILLING CYCLE AND WILL BE CHARGED TO ARTIST CREDIT CARD AT END OF BILLING CYCLE. THE AMOUNT WILL VARY DUE TO ACTIVITY ON THE SITE SUCH AS CLICK-THROUGHS IN SEARCH ENGINES, BANNER ADS AND OTHER ACTIVITY. ARTIST CAN MONITOR AND EVALUATE THEIR BALANCE AT ANY TIME IN THEIR ARTIST ADMIN SECTION. |