Terms & Conditions
1. Who We Are
indyoh.com is a division of indyoh inc., a for profit organization existing under the laws of the state of Florida.
2. Your Acceptance
3. indyoh Distribution Hub and VOD Player Website
5. Website Access
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to indyoh inc's servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, indyoh inc. permits the operators of public search engines to use such "spiders" and similar mechanisms to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. indyoh inc. reserves the right to revoke these exceptions either generally or in specific cases.
6. Reservation of Rights
We reserve the right to remove any Content at any time without prior notice and without cause. We reserve the right to charge third parties to place advertisements on the indyoh.com Website and to place any advertisements in and around any area indyoh inc. chooses on indyoh.com in its sole discretion and any such revenue will belong to indyoh inc . We reserve the right to charge User (s)of the indyoh.com Website for any services or activities on indyoh.com now existing or that may exist in the future.
7. Proprietary Rights
You acknowledge that you are aware that we have applied for a patent with respect to certain aspects of indyoh.com. You further acknowledge that we own the copyrights in the indyoh.com Website and agree that you will not copy or modify the underlying code without our prior express written permission of indyoh inc.
You agree to the following:
(a) You will not reprint, copy, republish or distribute in any way any information or materials found on the indyoh.com website or any activities that may be unlawful or detrimental to the best interests of indyoh.com and its parent company.
(b) You will not provide to us or post on our website any information that is not correct, such as an incorrect name, address, email address or any other incorrect information, or any content within the meaning of User Submission as defined below, that may expose indyoh.com or its parent company to any legal or financial liability.
(c) You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on our website.
(d) You will not post any materials on our site or include any materials in any presentation in violation of any other party's rights, including, but not limited to, copyrights or privacy and publicity rights.
9. Intellectual Property Rights
The Content on the indyoh.com Website, except all User Submissions and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to indyoh inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent and contract to the respective owners. indyoh inc. reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any unlawful purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of indyoh inc. Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of indyoh.com. Website or the Content therein.
10. User Submissions
A. indyoh inc. permits the submission of videos and other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, indyoh inc. does not guarantee any confidentiality with respect to any User Submissions. Content includes User Submissions; however the use of User Submissions by You is further limited by this paragraph.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
indyoh inc's designated email for Copyright Agent to receive notifications of claimed infringement is: firstname.lastname@example.org For clarity, only DMCA notices should go to the Copyright email; any other feedback, comments, requests for technical support, and other communications should be directed to indyoh.com customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. If you become aware that any other person is violating any of the terms and conditions of this website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us in accordance with our Copyright Policy. If you believe that any user of this website has posted materials in violation of any other rights that you may have, you may notify us in accordance with our Removal Policy.
F. You understand that when using the indyoh.com. Website, you will be exposed to User Submissions from a variety of sources, and that indyoh inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against indyoh inc. with respect thereto, and agree to indemnify and hold indyoh inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
11. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE INDYOH.COM. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INDYOH.COM (AND ITS PARENT COMPANY), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE INDYOH.COM WEBSITE AND YOUR USE THEREOF. INDYOH.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO INDYOH.COM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF INDYOH.COM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE INDYOH.COM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE INDYOH.COM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INDYOH.COM. WEBSITE. INDYOH INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INDYOH.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INDYOH INC. 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Limitation of Liability
IN NO EVENT SHALL INDYOH.COM (AND ITS PARENT COMPANY), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE INDYOH.COM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INDYOH.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INDYOH.COM AND INDYOH INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by indyoh inc. from its facilities in the United States of America. indyoh inc. makes no representations that indyoh.com Website is appropriate or available for use in other locations. Those who access or use the indyoh.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You acknowledge that we have not reviewed the content of all sites linked to or from the indyoh.com website and that we are not responsible for the content of any of those sites and do not take responsibility for them or endorse them.
15. indyoh.com Link.
You agree not to remove or block any copyright notices, ads or references or links to indyoh.com or elsewhere that we place on or near your presentation, or that we may decide to place in the future. indyoh inc. reserves the right to place such notices in the future without prior notice.
18. Force Majeure
indyoh inc. be not held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the Internet or any third party Internet service providers.