IndieSponsor.com User Agreement
Last revised July 23, 2013 and effective immediately
1.) Parties and Terminology
This agreement is between you and Speaker Sponsor (the owner of this website, indiesponsor.com). For convenience, the terms “we” or “us” are sometimes used throughout the rest of this agreement to refer exclusively to Speaker Sponsor. Any use of the word “our” is referring to Speaker Sponsor (“we“).
(For example, a statement such as, “If it is our decision to…” should be understood to mean, “If it is Indie Sponsor’s decision to…”)
The terms “site” and website” refer to indiesponsor.com unless specified otherwise.
2.) Acceptance of Agreement
Use of this website by you in any manner — whether as a registered user, guest, visitor, or by any other means — constitutes acceptance of all of the website’s policies, rules, and of this user agreement. If you do not agree to the terms of this agreement in full, we do not grant permission for you to use or access the site, and you must refrain from doing so.
3.) Allowable Purposes of Use
As a visitor considering becoming a member and / or sponsor, you may browse the publicly viewable portions of our site for that purpose, subject to all rules and policies outlined in this agreement and any additional limitations outlined elsewhere on the site.
As a paying member, you may personally use this site to browse provided information or articles on the site about potential sponsors, to learn how to better promote yourself to potential sponsors, and to list your availability for their benefit within our constraints.
As a potential sponsor, you may browse the site to find artists to sponsor, and make contact with them subject to any specific guidelines outlined by us.
Any other uses of the content or site require specific authorization in advance, so please contact us if you have questions.
4.) User Information and Access
As a paying member (or in some cases, a trial or temporary user), you may be given the opportunity by us to select (or be provided with) a user name and password to allow you to access the website. We have the right to hold you responsible for any activity within your account, so it is your responsibility to keep your password information secret to prevent unauthorized access to your account
5.) Membership not transferable
If you are a member of the site, your membership is not transferable or assignable by you to another party; it may not be shared. It is for your exclusive use.
6.) Membership Approvals
Site membership is a privilege, not a right. We may at times choose to limit or refuse membership based on capacity constraints, concerns about member conduct, or other business reasons, and you understand and agree that we have the right to do so at any time at our discretion, without recourse.
If any part of this user agreement is ruled to be invalid, it does not invalidate any other parts of the agreement. If a portion is ruled to be invalid, you agree that we may, at our option, substitute comparable language to the extent which any law or ruling allows, with no effect on the remainder of the agreement.
8.) No Responsibility for Third Parties or Outside Websites
On the website you may find links to other websites, email addresses, or other items which involve an external website, server, or services other than what is directly provided by Indie Sponsor (For example, an embedded video which is actually hosted by a website other than our site.) These types of items are for the convenience of members, and in no instance should they be taken to constitute any express or implied endorsement by Indie Sponsor of these outside parties or services.
You agree that we have no control over the content of websites other than our own, and have no responsibility or liability of any kind for your interaction with or use thereof.
You also agree we bear no liability whatsoever for your interactions of any kind with other users, sponsors, artists, or any parties other than us.
Our website may rely on software which may require the placement of “cookies” or similar tracking mechanisms on your computer to facilitate our understanding of what users are finding most useful on our site, or for proper operation of the site’s various plug-ins, or other operational considerations, and you grant permission for us to do so. Some of these may utilize third parties (for example, Google Analytics) and you understand and agree that we have no responsibility or liability for the actions of any such third parties or their improper or unauthorized use of such data.
9.) Liquidated Damages / Limitation of Liability
You agree that our maximum liability to you as a user or visitor to this site in any capacity or under any circumstances (or also in any situation or cause which may arise indirectly as a result of this site or its use) shall be a payment of the current dollar value of one month’s membership at the basic level, or one month’s membership at the highest level most recently paid by if you are a current paying member in good standing.
You further agree that this is your only remedy and that no other damages of any kind will be sought or accepted by you.
If you do not agree, we do not grant permission for you to use the site directly or indirectly in any fashion, and you must immediately cease doing so. If you are currently a member of our site, you agree that you must also notify us as soon as possible so that we may cancel your membership.
10.) Consequences of Certain Intentional Misrepresentations by User
The provision described above regarding limitation of liability by Indie Sponsor makes it possible for the site to operate at a reasonable cost.
You understand and agree that if you attempt to circumvent this limitation at any time, you are acting against the spirit and intent of this agreement, even in cases where you are permitted otherwise by statute or judicial order to do so.
You agree that we would not have granted you permission to access the site or use our site or services in any capacity, paid or unpaid, without your full agreement, both in the letter of and spirit intended by these limitations.
You also agree that any such circumvention actions by you shall be presumed to indicate that your full agreement to these limitations was misrepresented to us, and that we relied to our detriment upon such misrepresentation. You agree that we are therefore entitled to compensation equal to or exceeding any harm to us caused by you as a result of such circumvention as described herein.
11.) No Warranties or Guarantees
Although we strive to provide you with the most positive experience we can, you agree that there are absolutely no express or implied warranties or guarantees of any kind as to the operation, usability, safety, reliability, accuracy, or performance of the site, or of data stored on or downloaded from it.
Even the largest websites can and do experience a variety of operational problems and downtime, so we cannot guarantee that the site will always be available.
You understand and agree that it is your responsibility to employ virus scanners, firewalls, or any other precautions such as may be necessary whenever using the internet to connect to external websites such as ours. It is also your responsibility to keep backup copies (preferably in a secure medium offline) of any data you have previously stored on the site or on any personal computer used to connect to the site, in the event that your data should be damaged or lost.
We will be more successful financially if our users meet with success, and so providing useful information and services is clearly in our best interest; however, no guarantee of financial results can be made to any user, in any way, or at any time, and no prior or subsequent marketing or other communications by us to you should be interpreted to contradict this disclaimer. You agree that each user is responsible for his or her own success.
For anyone using the site as a potential or actual sponsor, you understand that we do not warranty or guarantee any information provided by individual artists, members, or other users or visitors of any kind. However, we will try to respond if alerted to false or inaccurate information as appropriate.
You agree that it is your sole responsibility to verify the background, references, credentials, etc. of anyone you interact with in connection with our website or services, and if any disagreement or disputes occur in that process or afterwards, it is not the responsibility in any way of Indie Sponsor, and you indemnify us against any and all resultant damages, actual or incidental, absolutely or, if prohibited by statute, to the maximum extent permissible.
We do not warrant or guarantee the accuracy or usability of any data submitted by users; however, we will try to respond if alerted to false or inaccurate information as we deem appropriate.
12.) Intellectual Property and Site Content
You understand and agree that you may only post content on the site for which you have all necessary legal rights and permissions applicable to such use.
If you are the owner or rights holder of intellectual property and believe that it is displayed without permission by a user of this site, you agree to notify indiesponsor.com and allow us sufficient time to investigate and if necessary, to take corrective action using our best efforts.
You also understand and agree that any use of our website by you is subject to this user agreement in full, and that further, you indemnify us, to the maximum extent permissible by law, against any impermissible content posted by users.
13.) Acceptability of User Content
As stated above, it is a violation of this agreement for any user to post content which is in violation of intellectual property or other laws or statutes.
However, even if content is otherwise legally permissible, if we are made aware of content which is of a nature which is deemed too controversial, offensive, or below a level of professionalism needed for the site’s reputation, it may be deemed unacceptable at our sole discretion.
You agree that it is not our responsibility to review user content, or to determine its acceptability, unless required to do so by statute or judicial order. However, we reserve the right to review any and all user content for acceptability at any time, at our option.
You understand and agree that we have an absolute right to make the determination of what is or is not acceptable content, and to ask you to remove it, or, if we deem necessary, to remove it by our own means, with or without prior notice.
You further understand and agree that if you contest any such decision, the sole remedies available to you are to ask us to reconsider the decision, to modify any offending content as directed and resubmit it for consideration, or lastly, to cancel your membership.
By placing any content on the site, you are representing to us that you have all necessary rights to use that content as needed in context of your actions. You are not giving up your ownership by placing content on our site, but you are granting us the license (in perpetuity) to display that content on the site and in connection with its operation in accordance with our needs. You are fully responsible for any content posted to your account.
14.) User Code of Conduct
You are expected to conduct yourself in a professional and courteous manner in any interactions with others connected in any way with this site, including but not limited to sponsors, artists, other users (including visitors or temporary members), staff or representatives of indiesponsor.com, and anyone else who you may encounter as a result of your use of this site.
You agree to provide and maintain honest, accurate, and up to date information on the website in any profile, testimonials, or other information you provide or otherwise communicate to us and to other users.
You are also expected to abide by any website polices, rules, guidelines, and the like outlined by Indie Sponsor, either on the website or communicated via email or other reasonable forms of notification.
In our sole judgment, and without recourse, you may incur consequences for not abiding by this code of conduct ranging from a friendly reminder of our policies in an email up to cancellation of membership, removal from the site, and / or further remedies without limitation if merited.
15.) Permission to Use “Success Stories”
We may from time choose to feature outstanding or successful members in blogs or marketing communications. You grant us permission to utilize any and all information you have made available on the site, including your name, likeness, and profile, or additional information that you may choose to volunteer in describing such “success stories” in our marketing. This is for the benefit of all members, as others may be inspired and also learn from your example.
16.) Entire agreement
This document constitutes the entire user agreement, and supersedes any prior oral or written agreements between the parties. If any communication by us, in any form, is in conflict with the user agreement currently in force, it is the user’s responsibility to seek clarification prior to relying up on such communication.
17.) Modifications of Terms
Membership or use of the site in any way is subject to all terms of the user agreement in force at that time. We reserve the right to make modifications to the user agreement occasionally, and you understand and agree that we have the right to do so. We may also change the prices of our services, and by continuing your use, you are agreeing to any such changes.
When any such changes are made, we will endeavor to notify you either through an email, or by placing a notice on the website alerting you that the agreement has changed (or is scheduled to change.) If you continue to use or access the website or our services in any way after such changes take effect, you are agreeing to the modified terms.
You agree that you also bear responsibility to be aware of the most current user agreements, policies, and rules posted on the site.
If you do not agree to any modifications that may be made, you must cease using the site and services, and cancel your membership if you are a current member.
18.) Assignment of Agreement by Indie Sponsor
Businesses can and do sometime decide to sell their business to another party. They also may rely on other businesses or services to assist in their daily operation. Because of these and other potential reasons, we reserve the right to assign any part (or all) of this agreement at any time without notice, and you agree that we have the right to do so without limitation.
19.) Terminations and Cancellations
Please notify us sufficiently in advance of our billing cycles if you at any time wish to terminate your membership. This is for your and our mutual convenience; once a month has been billed or paid, there is no refund unless we (at our discretion) choose to make an exception to our stated policy.
Membership or any other usage privileges you possess may be cancelled or terminated by us if you breach any portion of this agreement, or fail to pay any balances due to Indie Sponsor in a timely fashion.
20.) Arbitration and Class Action Waiver
Our goal is for all parties to have a positive experience, but should a dispute arise, we have no desire to see anyone in court. This provision of the agreement asks you to understand and agree that if you have a dispute with or in connection with Indie Sponsor, you will notify us immediately, and allow us ample opportunity and time to find an acceptable solution (if we are required to do so under this agreement.)
You also agree to and understand the limitations that exist elsewhere in this agreement, and you warrant — and we rely upon your representation in accepting you as a member or user — that you will not pursue any remedy that a reasonable person would not undertake given those limitations.
As mentioned earlier, as a condition of usage and / or membership, you are limited as to available remedies or compensation (unless otherwise specifically exempted by statute) as described in the section concerning Liquidated Damages / Limitation of Liability.
You understand and agree that you waive any rights to litigate as an individual, or participate in a class action against Indie Sponsor, or its principals and business partners, to the maximum extent permissible by law.
If for some unforeseen reason a dispute must be settled in either a court of law or by arbitration, you agree that we may, at our option, elect to seek to determine the outcome by binding arbitration, and you accept our choice.
If you refuse any offer of settlement by us prior to a trial or arbitration hearing which exceeds the limits prescribed in this agreement, and you are the party seeking to initiate legal action — you understand and agree that you, as the initiating party, shall bear all costs and fees associated with holding such a hearing and reaching a decision, from beginning to conclusion, and are not entitled to seek reimbursement.
If you do not agree, you may not join, use, or continue use of or membership with Indie Sponsor, and must cease use of the site immediately. If already a member, you must also cancel your membership.
21.) Governing Jurisdiction and Venue
This agreement shall be subject to and interpreted using the laws of the United States and the state of California. In the event a dispute may require a venue for adjudication, the location shall be within the city and county of Los Angeles, California.
Irrespective of the fate of any other provisions, you understand and agree that sections of this agreement concerning limitations of the liability and indemnification of Indie Sponsor, and any and all waivers and / or permissions granted to us by you shall survive beyond the termination of this agreement, regardless of the reason for termination.