Site Policies

1. Terms of Use:

I. Acceptance of Terms

IndieAddict is an Internet site consisting of 1) administrator contributed and controlled content including but not limited to band profiles, visual artist profiles, news and features, links to external sites of interest, and back-end coding (referred to hereafter as “the Website”) and 2) member contributed content including but not limited to user profiles, a community forum, private messages, and other digital information (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"), which may be updated by IndieAddict from time to time. IndieAddict will provide notice of materially significant changes to the Terms by posting notice on the IndieAddict site. You can review the most current version of the Terms at: www.indieaddict.com/privacy.php. By using the Website and the Service in any way, even if you do not register an account with IndieAddict, you are agreeing to comply with these Terms. In addition, when using particular IndieAddict services, you agree to abide by any applicable posted guidelines for all IndieAddict 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 IndieAddict in any way, your only recourse is to immediately discontinue use of the IndieAddict website.

II. Content

You understand that you are entirely responsible for all Content that you post to the forum, send in private messages to other users or otherwise make available via the Service. You understand that IndieAddict does not control, and is not responsible for Content made available through the Service, and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Website and Content available through the Service may contain links to other websites, which are completely independent of IndieAddict. IndieAddict 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 IndieAddict 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 to any area of the Website, private messaged to you or otherwise made available via the Service. You acknowledge that IndieAddict does not pre-screen or approve Content, but that IndieAddict 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. Please be aware that w hile IndieAddict staff does not monitor private communications between users of the Service, in the event that we are contacted with a complaint of a violation, we will respond in a manner that we feel is in accordance with the violation of our rules.

III. 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 IndieAddict by sending email to info@indieaddict.com. IndieAddict will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

IV. Privacy and Information Disclosure

IndieAddict has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.indieaddict.com/xxx. Your use of the Website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that IndieAddict may, in its sole discretion, preserve or disclose your Content, as well as your personal 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; or protect the rights, property, or personal safety of IndieAddict, its users or the general public. IndieAddict does not warrant the accuracy, veracity or validity of the personal and contact information of our registered users.

V. Conduct

You agree not to post, private message, or otherwise make available Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
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;
that impersonates any person or entity, including, but not limited to, an IndieAddict employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person's explicit consent.
that is false, deceptive, misleading, deceitful, or constitutes "bait and switch";
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;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the IndieAddict site which are not designated for such purposes; or (2) emailed or private messaged to IndieAddict users; or (3) emailed to featured visual artists or bands.
that includes links to commercial services or websites, except as allowed in "small business ads";
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by New York state law;
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;
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
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:

contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines and non-commercial public archives that comply with our robots.txt file;
repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to IndieAddict'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 IndieAddict website; or
link images from the IndieAddict website to other site or misuse links from other sites to IndieAddict.
Registered users of the Service found participating in any of these activities will have their accounts immediately terminated.

VI. No Spam Policy

You understand and agree that sending unsolicited email advertisements to IndieAddict email addresses or through IndieAddict computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of IndieAddict computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

VII. Limitations on service

You acknowledge that IndieAddict 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, private 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 IndieAddict has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that IndieAddict reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that IndieAddict shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or the Website.

VIII. Termination of service

You agree that IndieAddict, in its sole discretion, has the right (but not the obligation) to delete or deactivate your user 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 IndieAddict believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that IndieAddict 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 9-13 shall survive termination of these Terms.

IX. Dealings with organizations and individuals

Your interactions with organizations and/or individuals found on or through the Website and 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 agree that IndieAddict 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 IndieAddict is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release IndieAddict, 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 the Website and / or the Service.

X. Proprietary rights

The Website and the Service are protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work is prohibited. Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. The Website contains material under copyright by other individuals or organizations, and is noted when applicable. All users of the Website and the Service are responsible for the ensuring of the compliance with copyrighted material. You further agree not to reproduce, duplicate or copy Content from the Website and the Service, and agree to abide by any and all copyright notices displayed on the Website and on or through the Service. In the event that a copyright violation is suspected, notification should be sent to info@indieaddict.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website or the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website or the Service.

Although IndieAddict does not claim ownership of content that its users post, by posting Content to any public area of the Website or the Service, you automatically grant, and you represent and warrant that you have the right to grant, to IndieAddict an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

XI. Disclaimer of Warranties

YOU AGREE THAT USE OF THE INDIEADDICT WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE INDIEADDICT WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIEADDICT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE INDIEADDICT SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIEADDICT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE INDIEADDICT WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE INDIEADDICT SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIEADDICT DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE INDIEADDICT WEBSITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

XII. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL INDIEADDICT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INDIEADDICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE INDIEADDICT WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE INDIEADDICT WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE INDIEADDICT WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE INDIEADDICT WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE INDIEADDICT WEBSITE OR THE SERVICE OR ANY LINKS ON THE INDIEADDICT WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE INDIEADDICT WEBSITE OR THE SERVICE OR ANY LINKS ON THE INDIEADDICT WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

XIII. Indemnity

You agree to indemnify and hold IndieAddict, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

XIV. General information

The Terms constitute the entire agreement between you and IndieAddict and govern your use of the Service, superseding any prior agreements between you and IndieAddict. The Terms and the relationship between you and IndieAddict shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and IndieAddict agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York. The failure of IndieAddict to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

XV. Violations of Terms

Please report any violations of the Terms by emailing info@indieaddict.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

2. Privacy Policy:

IndieAddict is strongly committed to protecting the privacy of Internet users. The following outlines the specifics of IndieAddict’s privacy policy.

I. Information Collection and Use by IndieAddict

IndieAddict collects user submitted information such as name and email address to authenticate users and to send notifications to those users relating to the IndieAddict service. The information collected by IndieAddict may be stored indefinitely. IndieAddict also collects other profile data including but not limited to: home town, current location, favorite bands, and favorite visual artists in order to assist users in finding and communicating with each other.

IndieAddict also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.

User Profile information is displayed to site visitors in order to facilitate user interaction in the IndieAddict community. However, users always have control over how much or how little information is available to others. Furthermore, a user's email address is never shared or displayed to others. Registered users of the IndieAddict website can communicate with each other through the IndieAddict Service without disclosing their email addresses. To facilitate finding people with common interests on the Service, IndieAddict allows users to search for other users using profile name, first name and last name, home town, current location, and favorite bands and visual artists.

IndieAddict may also use a user's email address to send a newsletter that includes content regarding the Service. Users may choose not to receive email of this type by unsubscribing to the newsletter. Directions on how to unsubscribe will be included with every newsletter that is emailed to users.

From time to time, IndieAddict or a partner may sponsor a promotion, sweepstake or contest on IndieAddict. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.

II. Use of Cookies

IndieAddict uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and User Profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from IndieAddict in order to use several functions on the site, most especially the Community Forum (Message Board). Please note that IndieAddict allows third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the IndieAddict Privacy Policy.

III. Links

IndieAddict contains links to other sites. IndieAddict is not responsible for the privacy policies and/or practices of other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on IndieAddict. Further, IndieAddict is not responsible for the accuracy or appropriateness of Content on other sites. Please refer to our “Terms of Use” for more information on the risks associated with following links to external sites.

IV. Community Forum (Message Board)

Please be aware that whenever you voluntarily post public information to the Community Forum (Message Board), that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.

V. Correcting/Updating or Removing Information

Registered IndieAddict users may modify or remove any of their personal information at any time by logging into their account and accessing the “My Profile” feature.

VI. Third Party Advertising

Ads appearing on this website may be delivered to users by IndieAddict or one of our Web advertising partners. Our Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by IndieAddict and does not cover the use of cookies by any advertisers.

VII. Security

IndieAddict user accounts are secured by member-created passwords. IndieAddict takes precautions to insure that user account information is kept private. We use reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. For any additional information about the security measures we use on IndieAddict, please contact us at info@indieaddict.com.

VIII. Sharing and Disclosure of Information IndieAddict Collects

Except as otherwise described in this privacy statement, IndieAddict will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by IndieAddict, whether or not a response is required by applicable law; (2) to enforce the IndieAddict Terms of Use Agreement or to protect our rights, safety, or property; or (3) to protect the rights, safety, or property of members of the public and users of the Service. IndieAddict reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of IndieAddict or substantially all of its assets to that successor in interest. For more information see the "Changes in Our Privacy Policy" section below.

IX. Archiving and Display of IndieAddict Community Forum Postings

Search engines and other sites not affiliated with IndieAddict may archive or otherwise make available IndieAddict Community Forum (Message Board) postings.

X. Changes in Our Privacy Policy

From time to time we may make changes to our privacy policy. If we make changes, we will post them on the IndieAddict site to make users aware of what the changes are so users will always be aware of what information we collect, how we use it, and when we may disclose it. A user is bound by any minor changes to the policy when she or he uses the site after those changes have been posted. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our website for 30 days.

XI. International Users

By visiting this website and providing IndieAddict with data, you acknowledge and agree that due to the international dimension of IndieAddict, we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, please understand that such data may be stored on servers located in the United States. By providing us with your data, you understand and consent to the transfer of such data and to the laws of the jurisdiction in which that data is stored.

XII. Contacting IndieAddict

If you have any questions about this privacy statement, the practices of IndieAddict, or your dealings with this website, please contact us at info@indieaddict.com.