Official Indie Photography is intended as a place where people can meet and exchange photos and have discussions about anything
of general interest.
The images on the Official Indie Photography site are intended for individual use only. Any other use or reproduction, digital or conventional, without the express written consent of Official Indie Photography is strictly prohibited. Violators will be pursued and prosecuted to the fullest extent of the law.
Welcome to Official Indie Photography!
The following definitions apply to the TOS.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject to the TOS, which may be revised, changed, altered or updated from time to time without notice by OfficialIndie.com, in OfficialIndie.com's sole discretion. The most current version of the TOS will always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices posted elsewhere on the Site. When a User accesses or uses any part of the Site, such User agrees to the terms and conditions of the TOS.
By accessing or using the Site, the User certifies that User is eighteen (18) years of age or older (21 years of age in certain locales) (and in any event, User is at least the age of consent (or older) in the jurisdiction from which the Site is being viewed or accessed); that User is familiar with the laws in User's area affecting User's legal right to access the Site or to access erotica or adult-oriented materials; that User has the legal right to such materials and that OfficialIndie.com has the legal right to display or make such materials available to the User; that the User is requesting such materials for the User's own private enjoyment; and, that the User will not, by action or inaction, directly or indirectly, share such materials with or make such materials available to a minor in any manner whatsoever.
In consideration of User's access to or use of the Site (whether as a Subscriber, guest or otherwise), the User agrees to:
User acknowledges and understands that all Content a User Transmits to the Site, whether publicly posted on the Site or privately Transmitted onto or via the Site, is not reviewed or pre-screened by OfficialIndie.com and is the sole responsibility of such User from whom such Content originates or is uploaded. This means that the User, and not OfficialIndie.com, is responsible for all Content that the User Transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, OfficialIndie.com does not guarantee the accuracy, integrity or quality of Content Transmitted to the Site by a User, nor does OfficialIndie.com make any representation or other warranty with respect to such Content. Without limitation, and by way of example only, Users may email to the Site calendar events. OfficialIndie.com does not regularly, and may not ever, review the accuracy or consistency of such calendar events.
User understands and acknowledges that by viewing, using or accessing the Site, the User may be exposed to Content that may be considered or deemed offensive, indecent or objectionable.
User agrees to NOT use the Site to:
User acknowledges that
Under no circumstances will OfficialIndie.com be liable or responsible in any manner for any Content that OfficialIndie.com posts to the Site, including without limitation, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such Content. User agrees that User must evaluate, and bear all risks associated with the use of or access to any Content, including Content posted to the Site by OfficialIndie.com.
User acknowledges and agrees that OfficialIndie.com may preserve Content and may also disclose Content (including without limitation, Registration Data) if required to do so by law or if OfficialIndie.com believes that such preservation or disclosure is reasonably necessary to:
User understands that the technical processing and Transmission of the Services or Content, may involve
User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or Content contained on the Site).
User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
Except as otherwise provided by separate agreement between a User and OfficialIndie.com, OfficialIndie.com does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In it sole discretion, OfficialIndie.com may condition Site display of User Transmitted Content upon such User becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to OfficialIndie.com a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.
User represents and warrant that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, OfficialIndie.com has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content.
User acknowledges that OfficialIndie.com may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other Transmitted Content will be retained by OfficialIndie.com on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that OfficialIndie.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, Transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that OfficialIndie.com reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.
OfficialIndie.com and the OfficialIndie.com logos are service marks and trademarks of OfficialIndie.com and may be used publicly only with the express prior written consent and permission of OfficialIndie.com. Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.
Except for electronic messages, all Content and Services on the Site are protected by federal copyright laws and are protected under treaty provisions and worldwide copyright laws. Content contained in any part of the Site may not be reproduced, copied, edited, published, transmitted, uploaded or downloaded in any way without the prior written consent and permission of OfficialIndie.com. OfficialIndie.com does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights.
OfficialIndie.com provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of OfficialIndie.com. Users of the Site are granted a single, personal, non-transferable license to download (on a single computer only) one copy of any of the Content found on the Site made available for downloading for personal, non-commercial use only. OfficialIndie.com reserves the right to limit the amount of Content downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof, is strictly prohibited.
In addition, Users of the Site may not:
OfficialIndie.com reserves all other rights coincident or related to the Site. The use of download managers, for example Gozilla, Wget, HTTrack, or others - to download more than one (1) image or movie file at a time, which is available for download, is strictly prohibited and will result in termination of a Users right to access any portion of the Site.
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. OfficialIndie.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. OfficialIndie.com OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. OfficialIndie.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. OfficialIndie.com MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. OfficialIndie.com MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL OfficialIndie.com BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF OfficialIndie.com HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER.
OfficialIndie.com reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any Content (including without limitation Content a User Transmits to the Site). OfficialIndie.com may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by OfficialIndie.com, in it sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any Content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.
OfficialIndie.com may, in its discretion, terminate Site access of any User that OfficialIndie.com believes, in its sole discretion, is Transmitting or is otherwise connected with any spam or unsolicited bulk e-mail. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay OfficialIndie.com liquidated damages equal to $5 for each piece of spam or unsolicited bulk e-mail Transmitted from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay OfficialIndie.com actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
The contact form, comment forms and all areas of member publishing is intended for personal use only. Members may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. OfficialIndie.com may, in its discretion, terminate Site access of any User that OfficialIndie.com believes, in its sole discretion, is posting or is otherwise connected with any commerical soliciting of models or members or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay OfficialIndie.com liquidated damages equal to $25,000 for each instance of solicitation or advertising from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay OfficialIndie.com actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by OfficialIndie.com and User acknowledges that OfficialIndie.com is not responsible for the content of any such linked site or any link contained in a linked site. OfficialIndie.com provides such links only as a convenience, and the inclusion of any link does not imply endorsement by OfficialIndie.com of any linked site.
Each User indemnifies and holds OfficialIndie.com, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's
Notices by OfficialIndie.com to Users may be given by means of electronic messages or by a general posting on the Site. Notices by Users to OfficialIndie.com must be given by e-mail. Any question, complaint or notice to OfficialIndie.com by means of e-mail must be sent to notice@OfficialIndie.com.
OfficialIndie.com allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in such services, the Subscriber must
The TOS contains the entire understanding between the User and OfficialIndie.com regarding the subject matter of the TOS, superseding all prior or contemporaneous communications, agreements and understandings between the User and OfficialIndie.com. The TOS is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that neither the TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by User without the prior written consent of OfficialIndie.com, which consent may be withheld in OfficialIndie.com' sole and arbitrary discretion. If any provision or clause of the TOS, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. The TOS is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between OfficialIndie.com and any User. If any suit or action is filed by any party to enforce the TOS or otherwise with respect to the subject matter of the TOS, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the OfficialIndie.com Copyright Agent with the following information:
The OfficialIndie.com Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
OfficialIndie.com reserves the right to remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. ? 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
Please note that, due to security concerns, e-mail attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
What kind of information does OfficialIndie.com collect?
OfficialIndie.com receives and stores information a User sends to us.
When a User becomes a Subscriber, OfficialIndie.com obtains and retains the Registration Data.
When a User requests pages from the Site's server, the Site Web server automatically collects some information about such User, including the User's IP addresses.
If a User sends the Site or OfficialIndie.com personal correspondence, such as e-mails or letters, OfficialIndie.com may collect such information in a file specific to that User. OfficialIndie.com may maintain a record or notes of communications with a User regarding use of or access to the Site, and that compilation of records or notes may include information OfficialIndie.com receives from other sources.
All of the information listed in the preceding sentences of this paragraph is sometimes referred to as "Customer Information".
Who sees a User's Customer Information?
OfficialIndie.com does not distribute, rent or sell Customer Information to third parties, other than
How does OfficialIndie.com use Customer Information?
OfficialIndie.com uses Customer Information as necessary to process User authorized credit or debit card payment transactions, to facilitate a User's viewing of the Site and to communicate with the User. OfficialIndie.com also uses Customer Information to compile broad demographic and Site usage information about the Site Users, for its internal business use, but such compilations generally do not contain anything that could be used to identify a User personally. A User will not receive any e-mail from OfficialIndie.com unless the User has requested it and a User can indicate at any time that the User does not wish to receive e-mails information from OfficialIndie.com.
How secure is a User's Customer Information?
OfficialIndie.com takes reasonable precautions to maintain the security of Customer Information. OfficialIndie.com provides Users with a secure web page through which to submit billing information when the User becomes a Subscriber or shops for merchandise sold on the Site. OfficialIndie.com maintains Customer Information in a reasonably secure manner, including storing such Customer Information behind firewalls.
However, OfficialIndie.com may buy other businesses or sell portions of its own business, and Customer Information may be a transferred asset, subject to any then existing Privacy Notice.