Terms & Conditions

INDIEVERSE.ART TERMS AND CONDITIONS OF USE EFFECTIVE OCTOBER 31st, 2021 


Welcome to the INDIEVERSE.ART website at http://WWW.INDIEVERSE.ART  (“Site”), which is operated by The EqualiVerse, Inc. Materials on the Site are primarily owned by THE EQUALIVERSE, INC. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant, or some other form of agreement between the third party and THE EQUALIVERSE, INC. The Site also provides contests and challenges for filmmakers and production professionals. The services offered on the Site include features, content, and applications offered from time to time by INDIEVERSE.ART contests and other offerings (collectively, the “Site Services”). The Site Services are hosted in the United States of America.

These Terms and Conditions of Use constitute a legal agreement (“Agreement”) between you and THE EQUALIVERSE, INC. Use of the Site is also governed by the INDIEVERSE.ART Privacy Policy, which is incorporated into this Agreement by this reference. By using the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site), a “Subscriber” (which means that you have subscribed to receive a newsletter), or you are a “Member” (which means that you have registered with INDIEVERSE.ART. The term “User” refers to a Visitor, Subscriber, or Member. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.  If you do not agree with it, you should leave this Site and discontinue the use of the Site Services immediately.

If you wish to become a Member, a Subscriber, communicate with other Members, and make use of the Site Services, you must read and agree to this Agreement. If and when you register to become a Member of the Site, you agree to: (a) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current, or incomplete, INDIEVERSE.ART reserves the right to terminate your use of the Site and/or remove from the Site any User Content provided by you.

Any questions or comments regarding, or problems with, this Site should be sent to the Site Administration support@equaliverse.com

INDIEVERSE.ART reserves the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by INDIEVERSE.ART on the Site. You agree to be bound by any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

INDIEVERSE.ART reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site Services at any time, for any or no reason, with or without prior notice and without liability. INDIEVERSE.ART expressly reserves the right to remove your profile and/or restrict, suspend or terminate your access to any part of the Site Services if the administrators of INDIEVERSE.ART determine, in their sole discretion, that you pose a threat to INDIEVERSE.ART, and/or its Users.

ELIGIBILITY 

Use of the Site Services and registration to be a Member (“Membership”) is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, and (d) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated, without warning, if we believe that you are under 18 years of age.

WARNING!

IF YOU ARE A MINOR, YOU MUST ASK YOUR PARENTS OR LEGAL GUARDIANDS TO READ AND AGREE TO THE FOLLOWING PARENTAL CONSENT, ASSUMPTION OF RISK, RELEASE, LIABILITY WAIVER & GUARANTEE BEFORE YOU SIGN UP. YOUR PROFILE MAY BE DELETED AND YOUR MEMBERSHIP MAY BE TERMINATED, WITHOUT WARNING, IF WE BELIEVE THAT YOU ARE UNDER 18 YEARS OF AGE.

PARENTAL CONSENT, ASSUMPTION OF RISK, RELEASE, LIABILITY WAIVER & GUARANTEE

I hereby certify that I am the parent or legal guardian of the applicant in question, a minor who is under 18 years of age (“MINOR”).

In consideration of Minor being permitted to sign up as a member of INDIEVERSE.ART, and for me to be vigilant of all the content that Minor posts and sees within INDIEVERSE.ART I will also supervise and review any contest, event, or competition at which Minor participates, I, the undersigned on behalf of Minor, myself and my spouse or domestic partner, my heirs, executors, administrators, and assigns and legal representatives, agree to the Parental Consent, Assumption of Risk, Release, Liability Waiver and Guarantee “Parental Consent” as follows:

1. Consent & Assumption of Risk: I understand and accept that Minor’s participating in INDIEVERSE.ART as a member and all the Contests, Challenges, Events, and Competitions promoted by The Equaliverse, Inc., and INDIEVERSE.ART may involve dangerous actives and may involve the danger of encountering known and unknown risks, including the significant risk of serious bodily injury, illness, disability, emotional trauma, concussion, damage to property and death (collectively, “Injuries”). I hereby consent to Minor’s participation in the Events and I hereby, assume, on behalf on Minor, myself and my spouse or domestic partner, full responsibility for all these risks from any cause, including without limitation, negligence, gross negligence, defective products, unknown obstacles, equipment malfunction, inadequate training, failure supervise and failure to warn of potential risks.

2. Agreement on Behalf of Minor to terms of Release and Guarantee of Performance. I agree on behalf of Minor to all the terms, conditions, obligations, and covenants of the Release. I hereby unconditionally and irrevocable give my express consent and approval to the execution by Minor of the Release and acknowledge that Minor and Parent have read, understood, and are familiar with each and all of the terms, conditions, obligations, and covenants contained in the Release. In addition, I will use my best efforts to cause Minor to adhere to the terms of the Release and guarantee that: (a) Minor will perform all of his or her obligations in accordance with the Release; and (b) neither Parent nor Minor will disaffirm or disavow the Release on the grounds that Minor is a minor or on any other grounds.

3. Agreement that Term of the Release Apply to Me. I agree on behalf of myself and my spouse or domestic partner, that all of the terms, conditions, obligations, and covenants of Minor under Release apply to me and my spouse or domestic partner, even if we have not signed the release.

4. Additional Release. In addition to the Claims released in Section 3 of the Release, I, on behalf of myself and my spouse or domestic partner, release all Claims that we may have for emotional distress, loss of companionship or loss of consortium in the event Minor suffers an Injury.

5. Indemnity. On behalf of Parent and each of the respective successors, heirs, and assigns of Parent and Minor, I unconditionally and irrevocably agree to defend (at The Equaliverse Inc’s request), indemnify and hold harmless each of the Released Parties from and against any and all claims, including without limitation, and Claims claimed by any successors, heirs, or assigns of Parent or Minor, arising from or in connection with: (a) the breach or disaffirmation of the Release or any portion thereof by Minor or Parent for any reason; (b) the enforcement of this Release against Minor or Parent; and (c) Minor’s participation the Event, to the fullest extent permitted by law in every instance even if any of the foregoing arise from the negligence of The Equaliverse Inc.

6. Arbitration. I (Parent / Guardian) unconditionally and irrevocably agree on behalf of Minor, myself, and each of my successors, heirs, and assigns that all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator in accordance with the Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services, Inc. then in effect.

7. Severability. This Release, including Parental Consent attached hereto, will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors, and assigns. If any provision of this Release, including the Parental Consent, attached hereto, be held to be invalid, illegal, or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law, and the validity, legality, and enforceability of the remaining provisions of the Release will not in any maybe affected or impacted thereby.

8. Use of images. I (Parent / Guardian) give my consent for INDIEVERSE.ART to use the participant’s image on the INDIEVERSE.ART website and in other INDIEVERSE.ART-related social media and marketing publications.

I fully understand that by agreeing to these terms and conditions, I give up substantial legal rights I and/or Minor may otherwise have to recover damages for injuries or losses and agree to it voluntarily and without the inducement of any nature and intend for it to be enforced to the greatest extent of the law.

〈 TERM 

This Agreement shall remain in full force and effect while you use the Site Services or are a Member. INDIEVERSE.ART may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

〈 PASSWORD 

When you sign up to become a member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify INDIEVERSE.ART immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

COMMERCIAL USE BY MEMBERS 

The Site Services are for the personal and commercial use of Members, and it may be used in connection with any commercial endeavors except those that are specifically forbidden by INDIEVERSE.ART Illegal and/or unauthorized use of the Site Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Site, is prohibited. Commercial advertisements and affiliate links are allowed. Some forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site Services.

INDIEVERSE.ART & INDIE CHALLEGUES  USER CONTENT 

When you upload any Content to the Indiverse.art and any of its groups, you grant us a worldwide, non-exclusive, permanent, irrevocable, royalty-free license (with the right to sublicense) to reproduce, adapt and modify (incl. translation), distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service.

You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal and commercial use of third parties subject to these Terms without providing you attribution or compensation.

You may not upload, post, or transmit any Content that: 

  • Infringes any third party’s copyrights or other intellectual property rights, contract rights, or any other rights of any person;
  • Contains any pornographic, racist, defamatory, libelous, or otherwise immoral, vulgar, or obscene content;
  • Depicts unlawful or violent, hateful or threatening, or otherwise inappropriate acts;
  • Offends, defames, harasses, or otherwise damages IndieVerse.io or any third party;
  • Violates any law, statute, or regulation.

We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) IndieVerse.art will not need to obtain licenses from any third party or pay compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.

When you upload any Content to IndieVerse.art to be part of any challenge, competition, or showcase you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, IndieVerse.art is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to IndieVerse.io as well as preparing any further declarations or documents which should be required or useful for the realization of the license granted by you to IndieVerse.art

Intellectual Property; License to Users

Subject to your compliance with these Terms, you may access and use the Website and Service.

The Website and the Service are protected by copyright, trademark, and/or other protective rights and are subject to copyright law and other protective laws (“IndieVerse.art Rights”). IndieVerse.io is the rightful owner or licensee of all rights to the Website and the Service. With the exception of the use of the Website and Service in accordance with these Terms, the use of IndieVerse.art Rights is only permitted with the prior written consent of IndieVerse.art.

Except for certain sponsored content (i.e. content from partners that you can buy from them by getting redirected to their website, hereinafter “Sponsored Content”), all Content made available for download on the Service can be used for free for personal and/or commercial purposes subject to some limitations as set out in these Terms. You do not need to, but you can, credit the photographer or owner of the Content or IndieVerse.art.

While users that upload content to our Website represent and warrant to us that they have all the rights therein and that the Content does not infringe any third-party rights, IndieVerse.art cannot reasonably monitor all Content uploaded to the Service. We, therefore, do not make any representations or guarantees for the rights granted hereunder to you.

Be aware that, depending on your intended use of the Content, you may need the permission or consent of a third party (e.g. owner of a brand, identifiable person, or author/rights holder of copyrightable work depicted in the Content).

Restrictions on use of the Service and Content

You represent and warrant to IndieVerse.art that by using the Service you will NOT:

  • impersonate any other person on the Services, e.g. a representative of IndieVerse.io or any other person responsible for the Services, or impersonate any non-existent relationship with such persons;
  • use the Service and/or Website for the storage, publication, and/or transmission of “junk mails”, chain letters, unsolicited bulk e-mails, etc., or for any other purpose. “(“spamming”);
  • send any data or store any data on a IndieVerse.art data carrier which, by its nature or nature (e.g. viruses), size, or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the IndieVerse.art data network;
  • make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;
  • use or exploit any metatags or other hidden texts containing the name or trademark of IndieVerse.art without the express written consent of IndieVerse.art;
  • collect, store or use any personal information, including member names and profiles, about other users;
  • copy the look and feel of the Website.

Furthermore, despite the IndieVerse.io License provided to you by IndieVerse.art hereunder you agree to NOT use any IndieVerse.art Content made available via the Service (in whole or in part):

  • to portray any person depicted in the Content (a “Person”) in a way that a reasonable person would find offensive, including but not limited to depicting a Person: a) in connection with pornography, adult entertainment venues, escort services, dating services, or the like; b) in connection with the endorsement of products and services (i.e. statement made to the Person highlighting the benefits or recommending products/services to the public) ; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities;
  • in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal;
  • as a trademark, service mark, logo, or other indication of origin, or as part thereof;
  • in a manner that infringes upon any third party’s copyright, trademark, or other intellectual property, or gives rise to a claim of deceptive advertising or unfair competition;
  • falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content;
  • access, download, copy, modify, distribute, perform, or use any Content to create a similar or competitive service or to contribute the Content to an existing similar or competitive service.

Violation of Terms and Termination of Use

IndieVerse.io reserves the right to reject the publication of Content at its own discretion and to delete Content already published.

IndieVerse further reserves the right to restrict or suspend your access to the Services in whole or in part at any time, without prior notice and excluding any claim for damages on your part (“Suspension”), if there are reasonable grounds for suspecting violations by you of these Terms and/or the applicable Conditions of Participation.

If you prove within twelve (12) months after the Suspension that you have not violated the Terms and the applicable Conditions of Participation, IndieVerse.io will lift the Suspension. If such proof is not provided within the 12-month period, IndieVerse.io is entitled to delete your member account including all its data.

IndieVerse.io expressly reserves the right to take legal action, in particular, to assert claims for damages or to file criminal charges.

Notice of Infringements

Please let us know if you believe that any Content made available on and via the Service contains a violation of the law. The message can be sent by e-mail to the address support@equaliverse.com 

If you as the copyright owner or as its representative believe that your copyrights are infringed by the Content of users stored, published or transmitted on the Website, please notify us by e-mail to support@equaliverse.com  including the following information:

  • a description of the rights you consider to have been infringed;
  • a statement of the content you believe infringes your rights, preferably including a URL, and the part of the content you believe infringes the law;
  • your address, telephone number, and email address to contact you;
  • a statement by you that, to the best of your knowledge and in good faith, you believe that the use in question has not been approved or is not authorized by the rightsholder or its agent.

                    PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE 

INDIEVERSE.ART own all rights to the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) on or through the Site Services.

The Site Services contain Content of INDIEVERSE.ART (“INDIEVERSE.ART Content”). INDIEVERSE.ART Content is protected by copyright, trademark, patent, trade secret, and other laws, and as between you and INDIEVERSE.ART. INDIEVERSE.ART owns and retains all rights in the INDIEVERSE.ART Content and the Site Services. INDIEVERSE.ART hereby grants you a limited, revocable, non-sublicensable license to use the INDIEVERSE.ART Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Site Services. If you wish to reproduce or distribute any INDIEVERSE.ART Content found on this Site, you may submit a request for permission to reproduce or distribute such INDIEVERSE. Content by contacting INDIEVERSE.ART in writing at:

INDIEVERSE.ART
Attn: Content management 

support@equaliverse.com 

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained on this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, greeting cards, and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away. The only exception to this policy is if the materials are provided to Users of the Site solely as part of a contest or challenge; however, such works or materials and any derivative works created by any User as part of any such contest or challenge, and any copyright related thereto, will at all times remain the sole property of INDIEVERSE.ART and THE EQUALIVERSE, INC. 

The Site Services contain Content of Users and content from other INDIEVERSE.ART licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the Site Services.

〈 UNSOLICITED SUBMISSIONS 

INDIEVERSE.ART does not knowingly accept, via the Site or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. INDIEVERSE.ART policy is to simply delete any such submission without reading it or forwarding it to other INDIEVERSE.ART staff. Therefore, any similarity between an unsolicited submission and any elements in any INDIEVERSE.ART creative work including, without limitation, courses, video conferences, webinars, programs, books, audiobooks, podcasts, radio shows, TV series, online series, feature films, feature documentaries, titles, or any other concepts, would be purely coincidental.

If unsolicited submissions are sent to INDIEVERSE.ART via this Site, however, these submissions become the property of INDIEVERSE.ART and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as INDIEVERSE.ART sees fit. You agree that you are not entitled to any compensation, credit, or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against INDIEVERSE.ART, its parents, or affiliates relating to unsolicited submissions including, without limitation, unfair competition, breach of implied contract, or breach of confidentiality.

〈 EMPLOYMENT OPPORTUNITIES 

INDIEVERSE.ART may, from time to time, post INDIEVERSE.ART employment opportunities on the Site and/or invite Users to submit resumes to it. If you choose to submit your name, contact information, resume, and/or other personal information to INDIEVERSE.ART in response to employment listings, you are authorizing INDIEVERSE.ART to utilize this information for all lawful and legitimate hiring and employment purposes. INDIEVERSE.ART also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by INDIEVERSE.ART to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that INDIEVERSE.ART will review any or all of the information submitted to it by Users.

〈 LINKED SITE 

If you are interested in creating hypertext links to the Site, you must contact THE EQUALIVERSE, INC. Attn: General Manager, INDIEVERSE.ART support@equaliverse.com  In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or THE EQUALIVERSE, INC. including its respective employees, agents, directors, officers, and shareholders. 

〈 DISCLAIMERS 

INDIEVERSE.ART is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site Services, whether caused by Users of the Site Services or by any of the equipment or programming associated with or utilized in the Site Services. Profiles created and posted by Members on the Site may contain links to other websites. INDIEVERSE.ART is not responsible for the Content, accuracy, or opinions expressed on such website, and such websites are in no way investigated, monitored, or checked for accuracy or completeness by THE EQUALIVERSE, INC. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by INDIEVERSE.ART When you access this third-party website, whether or not are websites operated by companies affiliated or connected with INDIEVERSE.ART, you do so at your own risk. When visiting any third-party website, you should refer to each such website’s individual “Terms of Service” and not rely on this Agreement in any way. INDIEVERSE.ART takes no responsibility for third-party advertisements which are posted on this Site or through the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. INDIEVERSE.ART is not responsible for the conduct, whether online or offline, of any User of the Site Services. INDIEVERSE.ART assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any User or Member communication. INDIEVERSE.ART is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site Services. Under no circumstances shall INDIEVERSE.ART be responsible for any loss or damage, including personal injury or death, resulting from use of the Site Services, attendance at an event promoted on the Site, from any Content posted on or through the Site Services, or from the conduct of any Users of the Site Services, whether online or offline. The Site Services are provided “AS-IS” and as available, and INDIEVERSE.ART expressly disclaims any warranty of fitness for a particular purpose or non-infringement. INDIEVERSE.ART cannot guarantee and does not promise any specific results from the use of the Site Services.

〈 LIMITATION ON LIABILITY 

IN NO EVENT SHALL INDIEVERSE.ART AND/OR THE INDIEVERSE.ART SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE SERVICES, EVEN IF INDIEVERSE.ART AND/OR THE SITE INDIEVERSE.ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF INDIEVERSE.ART AND/OR THE SITE INDIEVERSE.ART TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INDIEVERSE.ART AND/OR THE SITE INDIEVERSE.ART FOR THE SITE SERVICES DURING THE TERM OF MEMBERSHIP.

〈 U.S. EXPORT CONTROLS 

Software available in connection with the Site Services (the “Software”) is further subject to United States of America (U.S.) export controls. No software may be downloaded from the Site Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. 

〈 INDEMNITY 

You agree to defend, indemnify and hold harmless THE EQUALIVERSE, INC. INDIEVERSE.ART, its parents, and affiliates together with their respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of: (i) your use of the Site Services in violation of this Agreement; (ii) your breach or alleged breach of this Agreement; (iii) any violation of the Rules of Discussion; (iv) any breach of your representations or warranties set forth above and/or if any Content that you post on the Site or through the Site Services causes INDIEVERSE.ART to be liable to another; or (v) your breach or alleged breach of the copyright, trademark, proprietary, or other rights of third parties. 

〈 TERMINATION 

INDIEVERSE.ART reserve the right to immediately terminate your use of, or access to, these Site at any time if INDIEVERSE.ART decide, at their sole discretion, that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that INDIEVERSE.ART considers being inappropriate or unacceptable.

〈 COPYRIGHT INFRINGEMENT 

If you believe that any material contained in this Site, or any other material or activity contained on a site to which INDIEVERSE.ART by use of an information location tool has referenced or linked, infringes your copyright, you should notify INDIEVERSE.ART of your copyright infringement claim in accordance with the following procedure. 

INDIEVERSE.ART will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to these Site Designated Agent, who is:

INDIEVERSE.ART
Attn: General Manager, INDIEVERSE.ART 

E-mail support@equaliverse.com 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. ¤512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

2. 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.

3. 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 (or in the case of references or links that are claimed to have infringing material or activity, identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or accessed to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link)

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted

5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

E-mails sent to INDIEVERSE.ART for purposes other than communication about copyright claims may not be acknowledged or responded to.

〈 OTHER 

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 

This Agreement is governed by and construed in accordance with, the laws of the State of Nevada without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Nevada or, if appropriate, the United States District Court for the District of Nevada for the resolution of any dispute, action, or proceeding arising in connection with this Agreement or your use or non-use of the Site; and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

〈 RULES OF DISCUSSION

You are welcome to post, transmit or submit messages and other materials to bulletin boards, chat rooms, blogs, or other public areas within this Site (ÒForumsÓ). In order to keep these forums enjoyable and suitable for all our users, we ask you to follow the rules listed below. By participating in any of our Forums, you are consenting to, and agreeing to abide by these rules.

1. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR THE CONTENT THAT YOU POST. 

You agree to limit the content you post to the subject matter for which the Forums are intended. You will not post content that violates the copyright, trademark, or other intellectual property rights of any other person. You will not post pornography, sexual content, nudity, or content that is libelous, an invasion of privacy or publicity rights, defamatory, obscene, profane or indecent, abusive, or threatening. You will not post content that constitutes a criminal offense, that gives rise to any civil liability, or that otherwise violates any local, state, national or international law. You will indemnify THE EQUALIVERSE, INC. (‘INDIEVERSE.ART ‘), its affiliates together with their respective employees, agents, directors, officers, and shareholders, from and against any claims, liabilities, damages, and expenses (including but not limited to reasonable attorneys’ fees) related to or arising out of any content you have posted. 

2. YOU UNDERSTAND AND AGREE THAT INDIEVERSE.ART AND INDIEVERSE.ART IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY YOU OR ANY OTHER THIRD PARTY. 

You further understand that INDIEVERSE.ART, and THE EQUALIVERSE, INC. Do not endorse and have no control over the content posted in the Groups or Forums by third parties and cannot vouch for its accuracy or reliability. You also understand that INDIEVERSE.ART have no responsibility to monitor the Groups or Forums for inappropriate content posted by Users. Even if INDIEVERSE.ART choose, in their sole discretion, to monitor the Forums, we nonetheless assume no responsibility for the content of the postings. However, INDIEVERSE.ART reserve the right to prevent you from posting content to the Forums and to edit, restrict or remove your content for any reason at any time.

3. YOU AGREE TO NEVER POST ADVERTISING, CONTENT, MESSAGING, OPINIONS, OR SUBLIMINAL MESSAGES THAT CONTAIN ALCOHOL, LEGAL OR ILLEGAL DRUGS OF ANY KIND, PORNOGRAPHY, POLITICAL ADVERTISING, MEDICAL ADVICE OR PROMOTE ANY KIND OF SOCIAL CAUSE, OR ENCOURAGE OR INDUCE PEOPLE TO JOIN A RELIGIOUS MOVEMENT, POLITICAL PARTY, OR OTHER CAUSE OR ORGANIZATION.

4.  YOU AGREE THAT INDIEVERSE.ART HAS A LICENSE TO ANY CONTENT YOU POST. 

You understand and agree that INDIEVERSE.ART and affiliated companies may use, publish, copy, sublicense, adapt, edit, distribute, publicly perform, display and delete the content you post as they see fit. This right will terminate at the time you remove such content from the Site. Notwithstanding the foregoing, a backup or residual copy of the content posted by you to the Site may remain on the INDIEVERSE.ART servers after you have removed such content from the Site, and INDIEVERSE.ART retains the rights to those copies. 

5.  IF AT ANY TIME YOU ARE NOT HAPPY WITH THE FORUMS OR OBJECT TO ANY MATERIAL WITHIN THE GROUPS OR FORUMS, YOUR SOLE REMEDY IS TO STOP USING THEM.

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© 2009 Trademark and Copyright Notice: © and © INDIEVERSE.ART and its entities or used under license.  All rights reserved. Use of these Sites assumes acceptance of the Terms and Conditions of Use and Privacy Policy. INDIEVERSE.ART © are registered trademarks of The Equaliverse Inc. Materials contained in INDIEVERSE.ART website is protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained in INDIEVERSE.ART ‘s website is expressly prohibited.

If you have any questions, please send an e-mail to support@equaliverse.com 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.