indieSolo.com Terms of Service

IndieSolo.com Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
IndieSolo.com Term of Service, May 29, 2007

Introduction

Welcome to indieSolo.com, a niche music social community that connects artists and music fans from around the world. Artists have the opportunity to promote themselves and gain valuable feedback as fans rate their music, their vibe, and their brand.

IndieSolo.com is operated by EyeShout Media Inc. As used herein, "IndieSolo Service" or "Site" refers to indiesolo.com and all the linked pages which are owned and/or operated by EyeShout Media Inc. (referred to as "Company", "us", "we or "our"). For convenient purposes, we will refer to any products or services, as well as the offering of any Content displayed or performed on the Site (including, but not limited to text, graphics, images, news articles, photographs, slideshows, illustrations, video clips, audio clips, and links to third party websites, also known as the "Content"),

By using the IndieSolo Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you'.

The policies, terms and conditions below limit Company's liability and obligations to you and allow Company to change, suspend or terminate your access to and use of the Site and Services. By using the IndieSolo Service, you indicate your acceptance of these Terms of Service. If you do not agree to these Terms of Service, you have no right or license to access this Site and you should not do so.

Changes to indieSolo.com and the Terms of Service

Company reserves the right, in its sole discretion, to change, modify or otherwise update these Terms of Service at any time, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modification, updates or additions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, links to notices, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Your use of this Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, updates or additions. Company may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature or content. Company may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.

We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the Agreement by reference and provide additional terms and conditions: Privacy Policy

YOU UNDERSTAND THAT BY CLICKING THE I ACCEPT BUTTON OR CHECKING THE I ACCEPT BOX TO CONTINUE TO THE REGISTRATION PAGE OR BY USING THE SITE, you also represent and warrant that you are authorized to bind the entity (such as a yourself, your band or your broadcast) on whose behalf you are entering into these Terms and such entity agrees to be bound by these Terms). YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND THAT YOU WILL BE BOUND IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND SERVICES IS SUBJECT TO YOUR FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE WHICH ARE HEREBY INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND SERVICES. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY BELOW. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT.

Eligibility and Registration

You must be thirteen (13) years of age or older to register as a member of indieSolo.com (a "Member") or use the IndieSolo Service with the exception of creating a Band and Artist Profile. By registering for the IndieSolo Service, you represent and warrant that you are 13 or older and that you have the capacity to comprehend, understand, and agree to and comply with these Terms of Service. Please note that in order to submit and create a Band or Artist Profile in the IndieSolo Service, you must be eighteen years (18) and older. Nobody under the age of 18 is permitted to create or submit an application to be featured on IndieSolo Service, even though you are a Member and met the eligibility of registration requirement of being 13 years of age and older. If you do not agree with all of the following terms and conditions, you may not use the Site.

You should provide true, accurate and complete registration information to be an indieSolo.com ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password protected and secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, racist, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Member Conduct and Appropriate Content

You understand that the IndieSolo Service is made available for your personal, non-commercial use only. You represent, warrant, and agree that no Content of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful Content.

You also warrant and agree that you may not use the IndieSolo Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Canada, United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Content') that you submit, post, and display on the IndieSolo Service.

We may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances do we have any obligation to check the accuracy or truthfulness of the any Content, nor to monitor any Member's use of the IndieSolo Service.

Proprietary Rights

Company does NOT claim any ownership rights in any Content that you submit, post, or display on or through the IndieSolo Service or on the IndieSolo.com Web site. After submitting, posting or displaying Content on or through the IndieSolo Service or on the IndieSolo.com Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By submitting, posting or displaying any Content on or through the IndieSolo Service, you hereby grant to Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the IndieSolo Service.

Without this license, Company would be unable to provide the IndieSolo Service. For example, without the right to modify your Content, Company would not be able to digitally compress music files that you or other Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Content, Company could not allow users and Members to listen and rate music posted by Members. The license you grant to Company is non-exclusive (meaning you are free to license your Content to anyone else in addition to Company), fully-paid and royalty-free (meaning that Company is not required to pay you for the use on the IndieSolo

Service of the Content that you post), sub-licensable (so that Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the IndieSolo Service), and worldwide (because the Internet and the IndieSolo Service are global in reach). This license will terminate at the time you remove your Content from the IndieSolo Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Content that are not music or videos (i.e. photos, videos or skins); provided, however if you remove any of the Content from the IndieSolo Service, Company reserves the right to remove all of your Content from other Member's pages. The license does NOT grant Company the right to sell your Content, nor does the license grant Company the right to distribute your Content outside of the IndieSolo Service. You represent and warrant that: (i) you own the Content posted by you on or through the IndieSolo Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the IndieSolo Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the IndieSolo Service.

SUBMISSIONS AND PUBLIC FORUMS

IndieSolo Service includes message boards, e-mail and other interactive functions such as rating, and voting ("Forums") which allow feedback and submissions to Company and real-time interaction between Members. Only registered Members who have expressly indicated their agreement to these Terms & Conditions may use any of these Forums. Registration consists of identifying oneself, giving a username and password, and expressly indicating by means of clicking on an applicable box or boxes the Member's acceptance of these Terms of Service. Registration is subject to Company's prior approval and your continued compliance with the terms of these Terms of Service. Company reserves the right to refuse participation to any applicant or participant at any time in our sole discretion. Multiple accounts held by the same individual or entity are subject to immediate termination unless expressly authorized in writing by Company (including by e-mail). You are solely responsible for keeping your e-mail address and other contact information updated.

Terms of Service directly applicable to use of such Forums include the following:

You understand that all Submitted Content such as information, data, text, software, music, sound, photographs, graphics, video, messages, communications or other Content, whether publicly posted or privately transmitted, that you submit to any of the Forums are your sole responsibility. This means that you, and not Company, are entirely responsible for all Submitted Content that you upload, post, e-mail or otherwise transmit via the Forums.
Company does not endorse, control, or validate the authenticity of the Submitted Content delivered to the IndieSolo Service, and Company has no obligation to monitor such Content. As such, Company does not guarantee the accuracy, integrity or quality of any such Submitted Content. However, Company reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Submitted Content, in whole or in part, that is in violation of these Terms of Service or that it deems to be objectionable or unacceptable for any reason whatsoever.
Company further reserves the right at all times to preserve any Submitted Content or to disclose any Submitted Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Submitted Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Company, its Members and the public.
You understand that by using the IndieSolo Service, including its Forums, you may be exposed to Submitted Content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or for any loss or damage of any kind, including emotional and psychological damage incurred as a result of the use of any Submitted Content posted, emailed or otherwise transmitted via the IndieSolo Service, including its Forums.
You understand that the comments of others displayed in connection with your Submitted Content as used herein ("Third Party Comments"), may be disparaging, insulting, defamatory, slanderous, embarrassing, or otherwise be of an unfavorable nature and may expose you to public ridicule, humiliation or condemnation. Company expressly disclaims any liability for any Third Party Comments. For example, if you are a Member who is, but not limited to, a band, artist, or musician, and have been rated or will be rated by Members, the Company expressly disclaims any liability and responsibility for Submitted Comments. Company will not be held responsible or liable for any monetary, psychological, emotional, or any other damages that you incurred as a result of Submitted Comments or Third Party Comments.

You acknowledge and agree that Company shall have the right (a) to include any Third Party Comments on the Site or IndieSolo Service and in any and all forms of advertising, promotion, and publicity for the Site and/or the Submitted Content, and (b) to broadcast and otherwise exploit the Submitted Content with or without Third Party Comments in any manner, and in any media, whether now existing or hereafter developed.
By registering, accepting these Terms of Service, and uploading Submitted Content, you represent and warrant to Company the following: (a) you are at least 13 years of age, (b) all of the information provided by you to Company to enroll and participate in the Forums is correct and current; (c) you hold and will continue to hold the necessary rights, including but not limited to all copyrights, trademark rights and rights of publicity in the Submitted Content to enter into this Agreement and to grant the rights granted herein; (d) you are the creator of the Submitted Content you upload to this Site (or are specifically authorized to upload the Submitted Content by the copyright holder), and did not take any of its elements from a source such as another Web site, publication, recording, film, or video; (e) you have made any required payments to guilds, performing rights societies, or to any other body or group representing authors, composers, musicians, artists, and other participants in the production of the Submitted Content, or other entities having legal or contractual rights of any kind to payments as a result of distribution or exhibition of the Submitted Content; and (f) you have the legal right and authority to agree to, perform the acts required of you, and to grant the rights and licenses described in these Terms of Services.
It is a condition of your access and use of the IndieSolo Service that you do not:
1. Restrict or inhibit any other Member from using and enjoying this Site;
2. Harm, harass or intimidate minors or Members in any way;
3. Impersonate any person or entity, including, but not limited to, an employee or representative of Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submitted Content transmitted by means of the IndieSolo Service;
5. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any Submitted Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
7. Upload, post, e-mail or otherwise distribute, publish or transmit on the IndieSolo Service any Submitted Content that either involves nudity (including partial or complete nudity of any person under age 18); exploits persons under age 18, or discloses any personally identifying information about persons under age 18
8. Upload, post, e-mail or otherwise distribute, publish or transmit on the IndieSolo Service any information, software or other Content which violates or infringes upon the rights of others, including Content which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
9. Upload, post, e-mail or otherwise distribute, publish or transmit on this Site any information, software or other Content which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
10. Upload, post, e-mail or otherwise distribute, publish or transmit on the IndieSolo Service or in any way exploit any information, software or other Content for commercial purposes or which contains any form of solicitation (including, but not limited to, "junk mail," "spam," "chain letters," and "pyramid schemes"), advertising, promotion, marketing for goods or services, or any form of lottery, sweepstakes, or gambling;
11. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Members of this Site are able to type, or otherwise act in a manner that negatively affects other Members' ability to engage in real time exchanges;
12. Interfere with or disrupt the IndieSolo Service or servers or networks serving this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
13. "Stalk" or otherwise harass another; or
14. Collect or store personal data about other Members.
15. Modify, adapt, translate, or reverse engineer any portion of the IndieSolo Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the IndieSolo Service.
16. Remove any copyright, trademark or other proprietary rights notices contained in or on the IndieSolo Service.
17. You further agree not to harvest or collect email addresses or other contact information of members from the IndieSolo Service or Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
18. Additionally, you agree not to use automated scripts to collect information from the IndieSolo Service or for any other purpose. You further agree that you may not use the IndieSolo Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Site. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the IndieSolo Service.
By posting or submitting any Content (including but not limited to any remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to Company a royalty-free, non-exclusive, perpetual and irrevocable worldwide right and license to use, reproduce, modify, publish and distribute such Content or incorporate such Content into any form or technology now known or later developed, and you waive any moral rights you may have in having the Content altered or changed in a manner not agreeable to you. You further grant Company a non-exclusive, worldwide, royalty-free license to use your name in connection with the Submitted Content, and to use the Submitted Content for advertising and promotional purposes.
You warrant that any Content you upload, post, e-mail or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another's privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone's patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
If you have a dispute with another Member or suffer any harm arising out of or connected with any IndieSolo Services, you shall and hereby do release, and waive all claims against Company (and its employees, officers, shareholders, directors, suppliers and agents) from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Services or with regard to such disputes.

PURCHASE OF PRODUCTS FROM THIS SITE

1. The purchase of any products from this Site is governed by the terms and conditions of the sales transaction with the provider of the product. COMPANY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company does not have any responsibility for the processing or delivery of products purchased from this Site.

2. You are solely responsible for all use made of the Site and Services under your password and account information and agree to pay for all Services purchased using your password and account information.

a) Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. If you are a Member, you hereby authorize the Company to collect fees for each transaction by debiting your Company account immediately upon conclusion of each transaction regardless of quality or completeness. Any fees paid hereunder are non-refundable. When funding your Company account, there is a $10 minimum charge for all credit card transactions. You authorize Company, directly or through third parties, to make any inquiries we consider necessary to validate your account and/or listing information. Based on account use and other factors identified by Company from time to time in its sole discretion, Company may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide Company with additional information requested, and you consent to Company's disclosure of your personal information to third party service providers in order to verify your credit, identity and/or other background information. You authorize Company to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification. You agree to maintain the confidentiality of your password and account information and to supervise all activities that occur under your IndieSolo Service User ID, password or account, including, but not limited to, all usage of the Site by other persons under your Company User ID and password. Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or password. You agree that Company may use information provided by you as described in the Company Privacy Policy.

ABOUT DONATION CREDITS

Fees and Payments
The Company has created a Donation Credit system that stores Credits to allow members to purchase value for their account and use that value to make donations to independent bands featured on indieSolo. The service is supported and administrated by the Company.

Members have the option to purchase Credits to make donations to any independent bands featured on indieSolo. One (1) Credit equals fifty cents ($.50) USD. The minimum purchase is 30 Credits ($15.00 USD) and the maximum amount is 200 Credits ($100 USD). The minimum donation amount to any band is 1 credit ($0.50). Each time a Member uses Credits to make a donation; the account of Credits is debited by the number of Credits charged to make that donation. The purchase of donation Credits are all carried out and performed by PayPal, a third party online payment solutions provider. IndieSolo is not responsible for any third party transactions. All disputes regarding PayPal transactions must be addressed directly with PayPal. Please refer to PayPal’s Terms and Conditions

Once we have confirmed receipt of your payment from PayPal, we will credit your account with the number of Credits purchased. Credits will be automatically deducted from your account every time you make a donation. You can confirm the number of Credits which remain available to you in your account at any time by checking your account online in the section Credit Activity.

A Full Member whose account of Credits is reduced to zero remains a Full Member, but can not make a donation until additional Credits are purchased. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Credits are automatically and immediately forfeited.

THE PURCHASE OF CREDITS IS NON-REFUNDABLE. Any unused Credits will remain credited to your account even if you are no longer using the Service.

Credits will only be credited to the account of the Full Member purchasing the Credits, and to no one else. Credits may not be transferred from one member of the Service to another member. The cost of Credits purchased by a Full Member is not refundable under any circumstance but can be used by you at any time.

F YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

If you are a band and receive donation credits, half or fifty percent of all donations received will be deducted from your current account balance. This is an administration and accounting fee to cover the high costs associated for operating, hosting, and managing a website of this magnitude for free plus cover all administration PayPal fees. After the fee for indieSolo has been deducted, the remaining balance will be paid to the person or company that has been granted the right to receive such payments as outlined in the original sign up.

Payments – indieSolo will only issue a donation cheque once your account accumulates a gross dollar amount of 100 credits or $50 USD (not including indieSolo’s administration fee). Payments to bands will be made every quarter at the end of the month (every 3 months) and will only be made if your have reached the minimum gross amount of $50 USD required to release the payment. If this is the case, a payment of $25 USD would be made to the person or company authorized to receive the payment.

OPTION B
The Company is based in Ontario, and as such we are required to charge a Goods and Services Tax ("GST") on any purchase of IndieSolo Services made by a Canadian resident. The Company will include the GST charge in your donation amount and indieSolo in turn will pay the GST.

LINKED SITES

IndieSolo Service may contain links and pointers to Internet sites maintained by others ("Third Party Sites"). The appearance of a link does not imply Company's' endorsement. Company has not reviewed all of the Third Party Sites linked to this Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.

JURISDICTIONAL ISSUES

The IndieSolo Service is controlled and operated by Company from its headquarters in Waterloo, ON, Canada. Company makes no representation that Content in the IndieSolo Service are appropriate or available for use in other locations. Those who choose to access this Site 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.

This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of Canada, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Province or federal courts located in or closest to Waterloo, ON and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

ENFORCEABILITY AND TERMINATION OF AGREEMENT

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service, together with any other terms, conditions or policies set forth elsewhere in this Site, constitute the entire agreement between you and Company in connection with your access and use of this Site.

Company may, in its sole discretion, terminate or suspend your access to all or part of this Site for any reason, including, without limitation, failure to comply with any of these Terms of Service. Upon termination, you must destroy all Content obtained from this Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use this Site, and the restrictions imposed on you with respect to Content downloaded from this Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive.

DISCLAIMER

Your access to and use of this Site is at your sole risk. If you are dissatisfied with any of the Content contained in this Site, or with any of these Terms & Services, your sole and exclusive remedy is to discontinue accessing and using the IndieSolo Service.

THE CONTENT IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE AND MUSIC ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INDIESOLO SERVICE AND ANY AFFILIATED WEB SITE WITH WHICH IT IS LINKED. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE CONTENT, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THIS SITE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO LIABILITY

To the fullest extent permitted by applicable law, Company and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Company or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.

You hereby agree to indemnify, defend and hold harmless Company and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Company and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Service (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in this Site. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Because you have acknowledged that, at its sole discretion and for any reason, Company may edit, refuse to post or to delete any Submitted Content that you post, in whole or in part, and may terminate or suspend your access to all or part of this Site, that you have granted (or warranted that the owner of such rights has expressly granted) to Company a royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, such Content or incorporate such Content into any form or technology now known or later developed, and that you have waived any moral rights you may have in such Submitted Content, you hereby agree that if you unsuccessfully prosecute a claim against Company and/or any of the Indemnified Parties that arises from its exercise of its rights to edit, refuse to post or to delete any Submitted Content that you post, to terminate or suspend your access to all or part of this Site, to use its royalty-free, nonexclusive, perpetual and irrevocable right and license to use, reproduce, modify, publish and distribute any Submitted Content that you post, or seeking to recover for violation of your moral rights, you agree to reimburse Company and/or the Indemnified Parties for all costs of defending any such claim, including but not limited to any legal or other professional fees).

SOFTWARE AVAILABLE ON THIS SITE

Any software that is made available to download from the IndieSolo Service, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is the copyrighted work of the indicated author of the Software ("Author"). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). A Member to this Site will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Author retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. COMPANY MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

MINORS

This Site contains Content that may not be appropriate for children of all ages. If there is a concern by parents that children may visit this Site, Company recommends using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter (http://www.solidoak.com). Please be advised that Company does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. Please read the IndieSolo Service Privacy Policy, in particular the Policy for Minors, for more information regarding the collection of personal information from children.

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - INFRINGEMENT NOTIFICATION

Company has a policy of responding to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), which may include removing Content claimed to be the subject of infringing activity. If Company removes Content to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public. Please note that you will be liable for damages (including costs and attorneys' fees) if you contently misrepresent that a product or activity is infringing your copyrights.

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

Detailed identification of the copyrighted work that you believe has been infringed.
Detailed identification of the Content you claim infringes this copyrighted work.
Information reasonably sufficient to permit Company to contact you (e-mail address is preferred).
The statement: "I have a good faith belief that use of the copyrighted Content described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Your signature.

Send the Infringement Notification to the following address:

By mail: Kay Professional Corporation
Barristers & Solicitors
Stephen Kay
177 Victoria Street South
Kitchener, ON N2G 2B8

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) - COUNTER NOTIFICATION

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Content in question. Please note that you will be liable for damages (including costs and attorneys' fees) if you contently misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

Detailed identification of the Content Company has removed.
Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the Supreme Court of Canada for the judicial district in which your address is located (or Waterloo, ON if your address is outside of Canada), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the Content to be removed or disabled."
Your signature.

Send the Counter Notification to the following address:

By mail:

Kay Professional Corporation
Barristers & Solicitors
Stephen Kay
177 Victoria Street South
Kitchener, ON N2G 2B8