By using, participating, and/or visiting Indieguide.com including all content and functionality available through the IndieGuide.com or IndieBandSurvivalGuide.com domain name, its Website Extensions (widgets, gadgets, etc.), or Website (collectively "IndieGuide.com", "Website" or "We"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) IndieGuide.com's privacy policy incorporated here by reference. If you do not agree to any of these terms, the IndieGuide.com privacy notice, please do not use the IndieGuide.com Website.

Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review this page as the most up-to-date version since we may, in our sole discretion, modify, or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Electronic Communications

When you visit IndieGuide.com or send us e-mails, you are communicating with us electronically and as such you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website

These Terms of Use apply to all users of the IndieGuide.com Website. The IndieGuide.com Website includes all aspects of IndieGuide.com, including but not limited to all products, software and services offered via the website such Website Extensions and other applications (collectively, the "IndieGuide.com Website"). The IndieGuide.com Website may contain links to third party websites that are not owned or controlled by IndieGuide.com. IndieGuide.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IndieGuide.com will not and cannot censor or edit the content of any third-party site. Accordingly, we encourage you to be aware when you leave the IndieGuide.com and to read the terms and conditions and privacy policy of each other website that you visit. By using the Website, you expressly relieve IndieGuide.com from any and all liability arising from your use of any third-party website.

Privacy

Please review our Privacy Policy which is found here which also governs your visit to IndieGuide.com,

General Use of the Website - Permissions and Restrictions

IndieGuide.com hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

  • You agree not to access IndieGuide.com through any technology or means other than the pages of the Website itself, IndieGuide.com's Website Extensions, or other explicitly authorized means IndieGuide.com may designate.
  • You agree not to alter or modify any part of the Website, including but not limited to IndieGuide.com's Website Extensions or any of its related technologies.
  • You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IndieGuide.com without express written consent.
  • You may not use any meta tags or any other "hidden text" utilizing IndieGuide's name or trademarks without the express written consent of IndieGuide.com.
  • You agree not to use the Website for any commercial use, without the prior written authorization of IndieGuide.com. Prohibited commercial uses include any of the following actions taken without IndieGuide.com's express approval: (1) sale of access to the Website or its related services (such as any Website Extensions) on another website; (2) use of the Website or its related services (such as any Website Extensions) for the primary purpose of gaining advertising or subscription revenue; (3) the sale of advertising, on the IndieGuide.com website or any third-party website, targeted to the content of specific User Submissions or IndieGuide.com content; and (4) any use of the Website or its related services (such as any Website Extensions) that IndieGuide.com finds, in its sole discretion, to use IndieGuide.com's resources or User Submissions with the effect of competing with or displacing the market for IndieGuide.com, IndieGuide.com content, or its User Submissions. Prohibited commercial uses do not include: (5) Contributing information and other materials to IndieGuide.com, or maintaining a profile on IndieGuide.com (6) any use that IndieGuide.com expressly authorizes in writing.
  • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the IndieGuide.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, IndieGuide.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. IndieGuide.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, discussion board, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submission
  • In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, IndieGuide.com Community Guidelines (outlined below), and all applicable local, national, and international laws and regulations.

IndieGuide.com reserves the right to discontinue any aspect of the IndieGuide.com Website at any time.

Copyright, Trademarks, & Other Intellectual Property Rights

All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, interactive features and the like (collectively, the "Content") is the property of IndieGuide.com or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of IndieGuide.com and protected by U.S. and international copyright laws. All software used on this site is the property of IndieGuide.com or its affiliates and is protected by United States and international copyright laws. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of IndieGuide.com.

IndieGuide.com, The Indie Band Survival Guide, The DIY Music Manual, and other IndieGuide.com and IndieGuide.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of IndieGuide.com or its affiliates in the U.S. and/or other countries. IndieGuide.com's trademarks and trade dress may not be used in connection with any product or service that is not IndieGuide.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits IndieGuide.com. All other trademarks not owned by IndieGuide.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IndieGuide.com.

Limited License

IndieGuide.com grants you a limited license to access and make personal use of this Website, features, and Website Extensions and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IndieGuide.com or as expressly stated at the Website. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of IndieGuide.com so long as the link does not portray IndieGuide.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any IndieGuide.com logo or other proprietary graphic or trademark as part of the link without express written permission. IndieGuide.com reserves all rights not expressly granted in and to the Website and the Content. Any unauthorized use terminates the permission or license granted by IndieGuide.com.

The Website's Content & its Use

Users may participate and post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information ("User Submissions") at IndieGuide.com so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content you submit. IndieGuide.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material you hereby grant IndieGuide.com an irrevocable worldwide, non-exclusive, royalty-free, sublicenseable, transferable and perpetual license to use, reproduce, distribute, adapt, modify, prepare derivative works of, display, and perform the User Submissions in connection with the IndieGuide.com Website, features, Website Extensions, and any other use for IndieGuide.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the IndieGuide.com Website (and derivative works thereof) in any media formats and through any media channels and technologies now known or will be developed or known in the future.

In addition, you grant IndieGuide.com the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is to the best of your knowledge accurate; and that use of the content you supply does not violate this policy. You may access IndielGuide.com Content only as permitted under this Agreement. IndieGuide.com reserves all rights not expressly granted in and to the IndieGuide.com Content and the IndieGuide.com Service.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IndieGuide.com all of the license rights granted herein.You further agree that you will not, in connection with User Submissions, submit material that is contrary to the IndieGuide.com Community Guidelines outlined below, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the IndieGuide.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the IndieGuide.com Website or the Content therein.

You understand that when using the IndieGuide.com Website, you will be exposed to User Submissions from a variety of sources, and that IndieGuide.com is not responsible for the accuracy, usefulness, or safety of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, objectionable, offensive, or indecent, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IndieGuide.com with respect thereto, and agree to indemnify and hold IndieGuide.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

IndieGuide.com does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and IndielGuide.com expressly disclaims any and all liability in connection with User Submissions. IndieGuide.com reserves the right to remove Content and User Submissions without prior notice.

Digital Millennium Copyright Act

IndieGuide's DMCA Copyright, Trademark, and other Intellectual Property Infringement Policies and Procedures can be found here.

Account Termination Policy

IndielGuide.com will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. IndieGuide.com reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene, or defamatory material. IndieGuide.com may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE INDIEGUIDE.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INDIEGUIDE.COM, ITS OWNERS/OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INDIEGUIDE.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INDIEGUIDE.COM WEBSITE. INDIEGUIDE.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INDIEGUIDE.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INDIEGUIDE.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL INDIEGUIDE.COM, ITS OWNERS/OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INDIEGUIDE.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT INDIEGUIDE.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by IndieGuide.com from its facilities in the United States of America. IndieGuide.com makes no representations that the IndieGuide.com Website is appropriate or available for use in other locations. Those who access or use the IndieGuide.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless IndieGuide.com, its owners/operators, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to the IndieGuide.com Website; (2) your violation of any term of these Terms of Use; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the IndieGuide.com Website.

Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the IndieGuide.com Website is not intended for children under 13. If you are under 13 years of age, then please do not use the IndieGuide.com Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IndieGuide.com without restriction.

General

You agree that: (i) the IndieGuide.com Website shall be deemed solely based in Illinois; and (ii) the IndieGuide.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over IndieGuide.com, either specific or general, in jurisdictions other than Illinois. These Terms of Use shall be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and IndieGuide.com that arises in whole or in part from the IndieGuide.com Website shall be decided exclusively by a court of competent jurisdiction located in Cook County, Illinois. These Terms of Use, together with the Privacy NoticeDMCA Notice, and any other legal notices published by IndieGuide.com on the Website, shall constitute the entire agreement between you and IndieGuide.com concerning the IndieGuide.com Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IndieGuide.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. IndieGuide.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the IndieGuide.com Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND INDIEGUIDE.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE INDIEGUIDE.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.