INDIEBRIDGE TERMS OF USE
1. ACCEPTANCE OF TERMS
Indiebridge provides a collection of online resources, including classified
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using
particular Indiebridge services, you agree to abide by any applicable posted
guidelines for all Indiebridge services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines,
or any subsequent modifications thereto or become dissatisfied with Indiebridge
in any way, your only recourse is to immediately discontinue use of Indiebridge.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of these Terms at:
3. CONTENT
You understand that all postings, messages, text, files, images, photos
, or other materials ("Content") posted on, transmittedthrough, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for all Content that you post, email or otherwise make
available via the Service. You understand not to post ANY content that is
offensive, sexual, indecent, vulgar, inaccurate, misleading or otherwise
objectionable. Failure to follow this will result in immediate termination
of membership. Furthermore, the Indiebridge site and Content available
through the Service will contain links to other websites, which are completely
independent of Indiebridge. Indiebridge makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained in
any such site. Your linking to any other websites is at your own risk. You agree
that you must evaluate, and bear all risks associated with, the use of any Content,
that you may not rely on said Content, and that under no circumstances will
Indiebridge be liable in any way for any Content or for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed or
otherwise made available via the Service. You acknowledge that Indiebridge
does not pre-screen or approve Content, but that Indiebridge shall have the
right (but not the obligation) in its sole discretion to refuse, delete or
move any Content that is available via the Service, for violating the
letter or spirit of the Terms or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The Indiebridge site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of Indiebridge,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that Indiebridge shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that Indiebridge is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release Indiebridge, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Indiebridge's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
admin@Indiebridge.com
Please provide our Agent with the following Notice:
a) Identify the material on the Indiebridge site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
6. PRIVACY AND INFORMATION DISCLOSURE
Your use of the Indiebridge website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
Indiebridge may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce these Terms; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Indiebridge, its users or
the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a
Indiebridge associate, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to messages
that are lawful non-deceptive parodies of public figures.);
e) that includes personal or identifying information about another person
without that person's explicit consent;
f) that is false, deceptive, misleading, deceitful, or misinformative;
g) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
h) that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Indiebridge sites which are not designated for such
purposes; or emailed to Indiebridge users who have not indicated in writing that
it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed
in "services";
k) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by California
law.
l) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted;
p) "stalk" or otherwise harrass anyone;
q) collect personal data about other users for commercial or unlawful
purposes;
r) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Indiebridge;
s) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
t) post the same item or service in more than one classified category in more
than one metropolitan area;
u) attempt to gain unauthorized access to Indiebridge's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
Indiebridge website; or
v) use any form of automated device or computer program that enables the
submission of postings on Indiebridge without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to
Indiebridge email addresses or through Indiebridge computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in California. Any unauthorized use of Indiebridge computer systems
is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of the
California Business and Professions Code. Such violations may subject the
sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that Indiebridge may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that Indiebridge
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
Indiebridge reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that Indiebridge
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10. ACCESS TO THE SERVICE
Indiebridge grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use. This license does not include any
collection, aggregation, copying, duplication, display or derivative use of
the Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by Indiebridge. A limited exception is provided to general purpose
internet search engines and non-commercial public archives that use such
tools to gather information for the sole purpose of displaying hyperlinks to
the Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt
file. "General purpose internet search engine" does not include a website
or search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, services, or personals,
or which is in the business of providing classified ad listing services.
11. TERMINATION OF SERVICE
You agree that Indiebridge, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if Indiebridge believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that Indiebridge shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws.
Indiebridge is a registered mark in the U.S. Patent and Trademark office.
