TERMS OF SERVICE
Acceptance of Terms
The services that IndieClub.com (together with its successors and assigns, “IndieClub.com,” the “Company” or “we”) provides to you via www.IndieClub.com.com, and all other web sites owned, operated, licensed or controlled by IndieClub.com or its authorized distributors and sublicensees (the “IndieClub.com Sites”) are subject to the following Terms of Service (“Terms of Service”). IndieClub.com reserves the right to modify and update these Terms of Service at any time with or without notice to you. Such modifications and updates shall be effective upon your first use of the IndieClub.com Site after IndieClub.com makes them available for your review.
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the “Terms of Service” hypertext link located on the IndieClub.com Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable IndieClub.com Site or Service and to cancel any accounts or subscriptions that you may have established to access our Services (“Accounts”). Your continued use of the IndieClub.com Site after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any or all of your Accounts. You acknowledge that IndieClub.com is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
IndieClub.com reserves the right to deny, in its sole discretion, any user access to the IndieClub.com Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
Description of Services
Through its network of IndieClub.com Sites, IndieClub.com may provide you with access to a variety of games, products and services, and related resources, including developer tools, download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new IndieClub.com Sites, are subject to these Terms of Service and any license agreements, codes of conduct or posted rules, instructions or guidelines regarding a particular Service and any related Software and materials (as applicable, the “License Agreement”). If there is any conflict between these Terms of Service and the applicable License Agreement for a particular Service, IndieClub.com shall resolve the conflict in its sole discretion.
User Account, Password and Security
If any of the Services requires you to open an Account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you elect to purchase subscription-based Services, you warrant that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a login name that is used by someone else, is vulgar or otherwise offensive (as determined by IndieClub.com), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service and/or applicable License Agreements. You are entirely responsible for maintaining the confidentiality of your Account information (including user/account names and passwords and billing information). Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify IndieClub.com immediately of any unauthorized use or theft of your Account or any other breach of security (and to provide properly documented evidence as reasonably requested by IndieClub.com). IndieClub.com will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by IndieClub.com or another party due to someone else using your Account. You may not use anyone else’s Account at any time. Your membership or subscription is personal to you and you may not transfer or make available your Account to others. Any distribution by you of your Account or related information may result in cancellation of your subscription without refund and additional charges based on unauthorized use.
Although a Service may offer a feature that allows you to “remember” your password and thereby bypass the password protection, this feature may make it possible for third parties to access your Account. Use of this password bypass feature will be at your own risk.
You understand that online games and system specifications necessary to play games or access any other Services may continuously evolve over time. Accordingly, IndieClub.com reserves the right to modify and/or increase the system specifications necessary to play any online game or Services – whether free or subscription based – at any time and without prior notice.
Charges, Billing and Free Trials
You may have an Account without paying to participate in certain Services. However, IndieClub.com may charge subscription fees to access certain Services (including certain games) and participate in related activities on the IndieClub.com Sites. You must have an Account and pay the subscription or other fees to participate in these subscription or fee-based Services. If you must pay a subscription or other fee to access or play a Service, this information will be posted on the IndieClub.com Site established for such Service. YOUR SUBSCRIPTION FEES, IF ANY, ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
IndieClub.com reserves the right to change our fees or billing methods at any time and IndieClub.com will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on the applicable IndieClub.com Sites and you are responsible for reviewing such information to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on the applicable IndieClub.com Site shall mean that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but IndieClub.com will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our Services is subject to use or sales tax, then IndieClub.com may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in U.S. dollars and do not include Internet service provider, telecommunications, or other connection charges. Some subscriptions renew monthly on the same date that it was purchased. If you do not want your subscription or membership to renew, you must unsubscribe before such renewal date.
In some cases, it may be possible for you to use a credit card to pay for your subscription(s) or products. When you provide credit card information to IndieClub.com (or its designated licensees or subcontractors), you represent and warrant to IndieClub.com that you are the authorized user of the credit card that is used to pay subscription charges or other fees. Each month that you have an Account, you agree and reaffirm that IndieClub.com is authorized to charge your credit card for the subscription fee, if there is one. You agree to promptly notify IndieClub.com of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify IndieClub.com if your credit card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends.
For some Services, we may offer a free trial subscription. If you accept a free trial subscription, you may be required to provide us with payment information. In such cases, we will begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telecommunications, and other connection fees that you may incur when accessing our Services, even when we offer a free trial subscription.
Fees Charged by Third-Party Sites
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to IndieClub.com. IndieClub.com may also provide access to third-party vendors who provide content, goods and/or services on the IndieClub.com Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. IndieClub.com makes no representation or warranty regarding any content, goods and/or services provided by any third-party even if linked from a IndieClub.com Site or Service.
Any software that is made available to download or otherwise access from the Services (“Software”) is the copyrighted work of IndieClub.com and/or its licensors. Use of the Software is governed by the terms of the applicable License Agreement. A user may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.
The Software is made available for download solely for use by users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, IndieClub.com HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Restricted Rights Legend
Any Software which is downloaded from the Services for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is IndieClub.com, 409 Puyallup Ave., Suite 10, Tacoma, WA 98466.
By “Content,” we mean the software, communications, images, sounds, and all the material and information perceived or made available from the IndieClub.com Sites or Services, whether provided by IndieClub.com or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the IndieClub.com Sites. Content standards may vary depending on where you are on the IndieClub.com Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.
IndieClub.com representatives may monitor Content on the IndieClub.com Sites. But we cannot monitor or prescreen all of the Content on the IndieClub.com Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. IndieClub.com does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Service. IndieClub.com does not assume any responsibility or liability for Content that is generated by members or other guests on the IndieClub.com Sites. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the IndieClub.com Sites.
IndieClub.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any IndieClub.com Site. Without limiting the foregoing, IndieClub.com and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that all Content, including, without limitation, all characters created and virtual items, acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole and exclusive property of IndieClub.com. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by IndieClub.com or third-party licensors (collectively, “Rights”), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to IndieClub.com all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to IndieClub.com the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Content.
IndieClub.com hereby grants you a personal, non-exclusive, non-transferable and non-assignable, limited license to operate and display, for home, noncommercial and personal use only, one copy of any material that you are expressly authorized to download from this IndieClub.com Site, such as content, audio or images which are made available for personal use by our fans or for press coverage (collectively the “Downloaded Content”); provided, however, that you must include or maintain all copyright and other notices contained or associated with such downloaded content. We do not control the quality, accuracy or content of any translated versions of the IndieClub.com Sites and the Downloaded Content is provided on an AS IS basis without warranty of any kind and is subject to the disclaimers set forth below. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license. You may not modify, alter or create any derivative works of any Downloaded Content. IndieClub.com reserves the right to revoke this limited use license at any time, without notice, for any reason, and at its sole discretion.
You may not attribute or suggest any endorsement or approval of your use of the Downloaded Content by IndieClub.com in any manner. You may not use Download Content on sites that feature defamatory, pornographic, or inflammatory content.
Notwithstanding any provision or statement in this website to the contrary, in the absence of a written agreement, IndieClub.com and/or its licensors retain all right, title and interest in and to the Downloaded Content (subject to the limited license expressly provided for above or otherwise authorized by IndieClub.com in writing).
Restrictions and Conditions of Use
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your Account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the game or Services), information, software, products or services obtained from the Services, without the express written consent of IndieClub.com. You hereby acknowledge and agree that you have no proprietary interest in any Account, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services. You may not use the your Account(s) to “farm” in-game virtual items (i.e. playing the IndieClub.com Game primarily for purposes of amassing an inventory of virtual items) for real-world commercial gain. You may not use any software or hardware that reduces the number of users directly accessing or using the Services (sometimes called “multiplexing” or “pooling” software or hardware). You further agree not to create or provide any means other than through the IndieClub.com Sites by which IndieClub.com’s on-line computer game may be played by others – for example, through server emulators.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific License Agreements. You may not use the Services in any manner that could damage, disable, overburden, or impair any IndieClub.com server, or the network(s) connected to any IndieClub.com server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, Accounts, computer systems or networks connected to any IndieClub.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Services. IndieClub.com has no obligation to monitor the Communication Services. However, IndieClub.com reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. IndieClub.com reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by IndieClub.com, and such communications shall not be considered reviewed, screened or approved by IndieClub.com. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. IndieClub.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators and hosts of such Communications Services are not authorized IndieClub.com spokespersons, and their views do not necessarily reflect those of IndieClub.com.
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself through the Communications Services. IndieClub.com is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
IndieClub.com reserves the right at all times to disclose any information or materials found on the Communications Services as IndieClub.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in IndieClub.com’s sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
Conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable.
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users’ computer.
Except as expressly authorized by IndieClub.com, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content.
Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text), are prohibited.
Harvest (in an automated manner or otherwise) or otherwise collect personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
Impersonate or create a false identity (such as a celebrity or IndieClub.com representative) for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
Attempt to get a password, other Account information, or other private information from a member or any other user of such Services.
Improperly use in-game support or complaint buttons or make false reports to IndieClub.com administrators.
Use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements.
Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
Use the IndieClub.com Sites, Services or Software to resell or make any commercial use of the IndieClub.com Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of IndieClub.com.
Use the Services for fraudulent transactions including, without limitation, fraudulent in-game virtual transactions.
By subscribing to our newsletter(s), subscribers understand they may receive periodic information regarding current and future Services offered on the IndieClub.com Sites. In addition, such subscribers may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. You may unsubscribe from any of these services at any time by following the procedures made available with the applicable services.
The IndieClub.com Sites and Services, including, without limitation, all Software and Downloaded Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Software and character data). The entire contents of the IndieClub.com Sites and Services and each area contained therein are copyright protected as a collective work under the United States copyright laws. IndieClub.com (or its licensor(s)) owns a copyright in the selection, coordination, arrangement and enhancement of such content. You acknowledge that IndieClub.com and/or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the IndieClub.com Sites and Services by IndieClub.com, and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such materials.
Jurisdictional Issues and Export Laws
The Service is controlled and operated by IndieClub.com from its offices within The Commonwealth of Massachusetts. IndieClub.com makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the IndieClub.com Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
Termination of Account
IndieClub.com has the right to terminate or suspend, and you have the right to cancel, your Account(s) at any time. You understand and agree that, except as expressly provided by law, the cancellation of your Account is your sole right and remedy with respect to any dispute with IndieClub.com. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the IndieClub.com Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your Account(s) for a Service by following the procedures made available with the applicable Service or IndieClub.com Site. IndieClub.com reserves the right to collect fees, surcharges or costs incurred before you cancel your Account(s). In the event that your Account is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything associated with it (such as points, tokens or in-game items). If your Account is terminated or suspended by IndieClub.com, IndieClub.com shall have the right to terminate or suspend any of your other Account(s).
Live GPS Hunts
If you order a box to hide or we send you a box to hide at not cost to you, then you are solely responsible for this box, it’s placement and responsibility is yours and yours alone. IndieClub.com is not responsible for any issues regarding this box, it’s wereabouts or any liabilities regarding the box itself.
Links to Third-Party Sites
THE LINKS APPEARING IN CERTAIN IndieClub.com SITES WILL LET YOU LEAVE THE IndieClub.com SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF IndieClub.com AND MAY COLLECT DATA OR SOLICIT PERSONAL INFORMATION FROM YOU. IndieClub.com IS NOT RESPONSIBLE FOR THEIR CONTENT, BUSINESS PRACTICES OR PRIVACY POLICIES, OR FOR THE COLLECTION, USE OR DISCLOSURE OF ANY INFORMATION THOSE SITES MAY COLLECT. IndieClub.com IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. IndieClub.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY IndieClub.com OF THE LINKED SITES. IndieClub.com MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIRD-PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS, SERVICES, SOFTWARE OR CONTENT PROVIDED ON SUCH SITES.
Disclaimer of Warranty; Limitation of Liability
PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR RESPONSIBILITY TO YOU FOR YOUR USE OF THE IndieClub.com SITES, SERVICES, SOFTWARE OR CONTENT.
To the maximum extent allowed by law, neither IndieClub.com nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “IndieClub.com Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the IndieClub.com Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
YOU EXPRESSLY AGREE THAT THE USE OF THE IndieClub.com SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE IndieClub.com SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. IndieClub.com PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT IndieClub.com WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE IndieClub.com PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE IndieClub.com PARTIES, OR BY YOUR OR ANY OTHER USER’S OWN ERRORS AND/OR OMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT THE IndieClub.com PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE IndieClub.com SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH IndieClub.com IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE IndieClub.com PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO IndieClub.com OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE IndieClub.com PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE IndieClub.com SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH IndieClub.com. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF IndieClub.com AND THE IndieClub.com PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IndieClub.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE IndieClub.com SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THE IndieClub.com PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE IndieClub.com SITES OR SERVICES FOR ANY PURPOSE.
THE CONTENT PUBLISHED ON THE IndieClub.com SITES OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE IndieClub.com PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE IndieClub.com SITES, SERVICE(S), SOFTWARE OR CONTENT DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
These Terms of Service are governed by the laws of Washington State, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the federal courts sitting in Pierce County, WA, unless no federal subject matter jurisdiction exists, in which case the parties consent to the exclusive jurisdiction and venue of the state courts sitting in Pierce County, WA, U.S.A. in all disputes arising out of or relating to the use of the Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IndieClub.com as a result of these Terms of Service or use of the IndieClub.com Sites, Services, Software or Content.
IndieClub.com may assign these Terms of Service, in whole or in part, at any time. IndieClub.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of IndieClub.com’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by IndieClub.com with respect to such use. You agree to indemnify and hold the IndieClub.com Parties, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third-party due to or arising out of your use of or conduct on the Services. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and IndieClub.com with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and IndieClub.com with respect to the Services. You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. IndieClub.com’s failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by IndieClub.com of any provision, condition or requirement of these Terms of Services or License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in these Terms of Conditions or License Agreements, no default, delay or failure to perform on the part of IndieClub.com shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of IndieClub.com. All notices given by you or required under these Terms of Service shall be in writing and addressed to: IndieClub.com, 409 Puyallup Ave, Suite 10, Tacoma, WA 98466. IndieClub.com may give notice to you by means of a general notice on the IndieClub.com Sites or Services, electronic mail to your e-mail address on record in IndieClub.com’s Account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in IndieClub.com’s Account information.
The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.
Reservation of Rights
IndieClub.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Services, including the Web pages that are part of the Services and the IndieClub.com Sites. Except as expressly provided in these Terms of Service, the availability of the Services and such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein or the documents incorporated by reference are reserved by IndieClub.com (or its licensors).
All content, design and layout of the IndieClub.com Sites: Copyright © IndieClub.com, 409 Puyallup Ave, Suite 10. Tacoma, WA 98466. All rights reserved.
IndieClub.com and other IndieClub.com logos and product and service names are registered or unregistered trademarks or service marks of IndieClub.com in the United States and/or other jurisdictions. All other trademarks referenced on this website are the property of their respective owners.