Welcome to Indiepolis Terms of Service. By accessing and using our website, you accept and agree to be bound by the terms and provisions of this Agreement. In addition, when using this website's particular services, you shall be subject to any posted guidelines, rules, or policies applicable to such services, which may be posted and modified from time to time. All such guidelines, rules, or policies are hereby incorporated by reference into the TOS.
If you do not agree to abide by this Agreement, you should not, and are not permitted to, use this website.
"Our", "we", "us", collectively, refer to Indiepolis' owners, its agents, representatives, directors, and system operators.
"Indiepolis", "website", "site", collectively, refer to theindiepolis.com, and/or all features, products, services, and/or Content described, offered, and accessible by Indiepolis.
"You", "member", "user", collectively, refer to the person utilizing this website.
"Agreement" refers to the Terms of Service, and all guidelines, rules, policies incorporated within.
"Services" refers to all features, products, services, and/or Content described, offered, and accessible by Indiepolis.
"Content" refers to a creative experssion and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.
"User Content" refers to Content that an Indiepolis member submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
We reserve the right to modify, update, add or remove portions of this Agreement, and provide notice to you generally through announcements on Indiepolis Hub and/or Indiepolis Group on Goodreads. Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
The modified version of this Agreement will become effective 14 days after we have posted the modified Agreement and/or provided you with notifications of the new version. Your use of Indiepolis following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of our Services.
No individual under the age of 18 may use, access, or particiate in any portion of Indiepolis Services, or submit any personal information to the website.
Indiepolis Services change regularly, and their form and functionality may change without prior notice to you. We retain the right to create limits on and related to use of the Services in our sole discretion at any time with or without notice. We may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. We may also terminate or suspend any Indiepolis account at any time, in our sole discretion
You may not, without our express permission in writing, (a) tamper with or use non-public areas of the Services, or the computer or delivery systems of Indiepolis and/or its service providers; (b) probe, scan, or test any system or network, especially for vulnerabilities, or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means, automated or otherwise, other than through our currently available, published interfaces that are provided by Indieplois and only pursuant to those terms and conditions; (d) scrape the Services, and particularly scrape Content from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any member, host, or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
As a condition to using certain of the Services, you may be required to create an Indiepolis account ("Account") by submitting a password, an username and an email address. Every Account must have a unique email address.
You agree to provide us with accurate, complete, and updated registration information, particularly your email address, which is often the only way for us to recover your Account, if you ever forget your password or fall victim to malicious phishing attacks.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify us of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
When you provide User Content to us through the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available) such User Content. The rights you grant in this license are for the limited purposes of allowing us to operate the Services in accordance with their functionality, improve the Services, and develop new Services. You also agree that we may also exercise the rights granted by this license if required to do so by law or in the good faith belief that such exercise is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of Indiepolis members, owners, operators, or third parties. This license continues even if you stop using our Services.
You may immediately revoke these rights from us by deleting such Content from our Services. On termination of your Account, or upon your delation of particular pieces of User Content from the Services, we shall make reasonable efforts to make such User Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed User Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the User Content may not be entirely removed.
You understand and agree that we shall not be liable to you or to any third party for loss related to an inabiity to access any Content on Indiepolis or an inability to access Indiepolis itself.
You also agree that you will respect the intellectual property rights of others, and represent and warrent that you have all of the necessary rights to grant us this license for all User Content you transfer to us.
An Indiepolis "Book" is a collection of information about one or more written "Works" that are original prose or poetry content of which you are the sole or partial author. When you create a Book, you'll be asked to provide a sample of such Works. For more Book-related files, please read Indiepolis Guide.
An Indiepolis "Project" is a user-initiated process that involves two Accounts and one Book for the sole purposes of receiving or providing services necessary for improving and/or publishing the Works promoted by said Book. You may communicate with another Account by sending messages or transferring files through interfaces provided by a Project.
Files necessary for the creation of an Indiepolis Book and transferred files in Projects are "Essential Files".
By posting messages, uploading files, inputting data, or engaging in any form of communication on our system except the uploading of Essential Files, you are hereby granting to the public an unrestricted license to use, copy, modify, adapt or document in any form any communications, information or any underlying work, including work in which you may possess proprietary rights including but not limited to copyright rights. All users of the system are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against us as the system provider for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we own.
You retain ownership and/or other applicable rights you have of any intellectual property in User Content, and we and/or third parties retain ownership and/or other applicable rights in all Content other than User Content.
An Indiepolis "Service Account" or "Service Provider" is an Indiepolis Account that offers one of the following paid book services - paid beta-reading, paid editing, paid proofreading, cover design, and paid review - and owns or is associated with a website that details this service, and has created a service profile on Indiepolis by submitting required information about this service, and has activated this service through the purchase of an Indiepolis service plan, which is a 30-day "Subscription".
Only during a Subscription period, you will have complete access to features provided for Service Accounts. All Subscription periods are 30-day long, and they will not be automatically renewed. A second Subscription can be purchased in advance. Subscription fees are non-refundable and service plans cannot be upgraded or downgraded to another.
Pricing for Subscriptions can change at any time. If a pricing change occurs, it will not apply to Subscriptions you have already purchased.
Indiepolis does not process transcations in any form and will not store or ask for your credit/debit card numbers or billing information. Subscriptions are processed by Paypal, Inc.
Indiepolis reserves the right to terminate any Service Account it believes has been compromised, or is being used fraudulently, at its own discretion. If a Service Account is terminated due to a violation of this Agreement, Indiepolis will not reimburse the user for the remainder of any paid Subscription.
You agree that you will not violate Indiepolis Code of Conduct.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. We also make no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibiity of, the users providing that Content. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEMDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
To the extent permitted by applicable law, you agree to indemnify and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including attorneys' fees, relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
Either party may terminate this Agreement at any time by notifying the other party. We may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to us or any third party.
These terms of Service shall be governed and construed in accordance with the laws of the State of Ohio. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of Indiepolis shall be filed only in the state or federal courts located in the State of Ohio, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction.
This Agreement, as modified from time to time, constitutes the entire agreement between you and us with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understands or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.