|
|
|
Welcome to inDplay.com (the "Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Please note that by visiting or using the Site you signify your assent to the following terms and conditions (the "User Agreement"). If you do not agree to this User Agreement, please do not use this Site. This User Agreement is effective upon acceptance (as described above) for new users and is otherwise effective on December 14, 2006.
1. Introduction:
inDplay is an online platform for the proposed licensing, optioning, purchase, sale, and/or other transaction of business relating to motion picture and television filmed entertainment products and user-claimed rights. inDplay is not the vendor, seller, optionor, or licensor of any media or other products or materials - nor does inDplay guarantee or endorse any of them. If you intend to use the services offered by inDplay on and through the Site (such as the ability to download, upload, or submit materials) you will be asked to become an inDplay member by registering and agreeing to an additional agreement (your "Membership Agreement"). Without completing such registration and agreeing to the Membership Agreement, you will be limited only to searching and browsing the Site.
2. Age Restriction; Capacity to Contract:
The Site is not intended for use by anyone under the age of 18 or not able to legally form binding contracts. If you are under 18 or not able to legally form binding contracts, you may not use the Site, submit information about yourself to the inDplay or become a member or otherwise create or use an account. inDplay reserves the right to check, from time to time, the accuracy of your identity, and any other information you supplied. However, inDplay cannot and does not guarantee the listed identity of any user, or the accuracy of any information listed by any user. It is your sole responsibility to conduct your own due diligence inquiry to confirm the identity or identities, and/or age or ages, of those with whom you intend to communicate or conduct any business.
3. Trademarks, Copyrights and Restrictions:
All materials on this Site, including but not limited to, all media, screen plays, trailers, printed matter, images, closed captioning, music and related information, are protected by copyrights which are owned and controlled by inDplay, its affiliates, other parties that have licensed to inDplay the right to use their material, and other users of the Site ("Copyrights"). Some of the names, characters, logos, or other images are also trademarks owned by inDplay or other parties ("Trademarks"). Except as explicitly permitted, on a case-by-case and use-by-use basis, by the respective owner of the Copyrights and Trademarks, material from inDplay may not be copied, quoted, reproduced, republished, displayed, modified, broadcasted, transmitted, or distributed in any way. Nothing contained in this User Agreement shall purport to convey any ownership or other rights with respect to the Copyrights and Trademarks. You hereby covenant that you will not "steal" or otherwise copy, modify, distribute, or misappropriate, in whole or in part, any of the materials and information contained on the Site and/or the "platform" or methods that inDplay uses to offer and perform its service, including without limitation, via electronic means (such as "spiders" or other electronic information-gathering processes).
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you or any other third party believes in good faith that materials available on the Site infringe your or such third party’s copyright, you (or your agent) or such third party (or such third party’s agent) may send inDplay a notice requesting that inDplay remove the material or block access to it, which includes (A) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works on the Site); (C) identification of the material that is claimed to be infringing or the subject of infringing activity, that is to be removed or access to which is to be disabled and information reasonably sufficient to allow inDplay to locate the material on the Site; (D) the name, address, telephone number and email address (if available) of the complaining party; (E) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (F) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send inDplay a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: "Attn: inDplay Agent for DMCA Notice", QuickCycle Consulting, LLC, 518 Kinross Court, Sunnyvale, CA 94087,USA, and with a copy to: "Attn: Legal Dept", inDplay, Inc., P.O. Box 2698, Venice, CA 90294 USA +1 (650) 598-0400, dmca@indplay.com. inDplay suggests that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
4. Your Representations and Warranties:
You represent and warrant to inDplay that: (A) you possess the legal right and ability to enter into this User Agreement; (B) you are 18 years of age or above; and (C) any content you provide to the Site or otherwise communicate on or in connection therewith: (i) is true and correct to the best of Your knowledge, and you accept strict responsibility for the accuracy and integrity of such content, (ii) will not infringe on any copyrights, trademarks, patents, other intellectual property rights, privacy rights, publicity rights, or any other proprietary or personal rights of any person or entity; (iii) will not violate any law and will not be pornographic or otherwise objectionable, defamatory, libelous, or offensive under applicable standards, customs, or practices; and (iv) shall not subject inDplay to any costs, claims, or liabilities of any kind or nature.
5. Disclaimer of Warranties:
inDplay is not in any way responsible for any content posted on the Site or otherwise communicated in connection therewith, and inDplay makes no warranty or representation with respect to the quality of such content, or that any rights thereto are actually free and clear for purchase, optioning, licensing or other use, and that a user will actually complete a transaction.
6. Limitation of Liability:
You understand and agree that you use the Site and the material it contains at your own discretion and risk. You agree that you will not hold inDplay responsible for other users’ or members’ actions or inactions, including with respect to the materials and information they post on or submit to or in connection with the Site.
YOU UNDERSTAND AND AGREE THAT THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INDPLAY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE INDPLAY SITE (INCLUDING THE SERVER THAT MAKES IT AVAILABLE) AND ANY CONTENT IN CONNECTION THEREWITH, AND ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL INDPLAY OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, JOINT VENTURERS, CONTRACTORS, CONSULTANTS, SUPPLIERS AND OTHER AFFILIATES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE INDPLAY SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IF INDPLAY IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED DOLLARS (U.S. $100).
7. Indemnification:
You agree to indemnify, defend, and hold inDplay (and its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, attorneys, joint venturers, contractors, consultants, suppliers and other affiliates) harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this User Agreement, or your violation of any laws or the rights of a third party.
8. Changes to this User Agreement; References to Other Agreements:
inDplay may, at any time, discontinue, make changes to the Site and/or the services offered and available thereon. inDplay may revise this User Agreement at any time, at its sole discretion without notice to you, by posting an amended User Agreement on the Site. Any changes that we make to this User Agreement will be effective immediately upon posting. Please check this page periodically for changes to the User Agreement; you will be able to determine if this User Agreement has been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this User Agreement.
9. Privacy and Information Rights:
You agree that inDplay may collect and use information that you provide to inDplay when you register for the services or otherwise use the Site or services (including but not limited to contact and billing information) in accordance with the Privacy Policy located at http://www.inDplay.com/privacy.html.
10. Global Nature of the Internet:
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct and use of this Site. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. inDplay makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.
11. Governing Law
This Agreement is to be construed in accordance with and governed by the internal laws of the State of California (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in Los Angeles County, California (or such other venue which inDplay may elect as appropriate, in its sole discretion), and You hereby submit to the personal jurisdiction thereof.
12. Termination.
You agree that inDplay may, in its sole discretion, terminate this User Agreement and your ability to use this Site (or any portion thereof) if you fail to comply with any term or condition of this User Agreement or for any other reason. Upon termination of this User Agreement, you may no longer use or otherwise access the services or materials provided on this Site. The provisions of Sections 2, 3, 4, 5, 6, 7, 9, 10, 11 and 12 Shall survive termination of this User Agreement.
13. Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
14. Contact Us:
If you have questions or concerns regarding this User Agreement please contact us by email at support@indplay.com or by mailing to our business address at:
inDplay, Inc.
P.O. Box 2698
Venice, CA 90294 USA
|
= PRO user view
