Welcome to Indyme! Thank you for your interest in our products and services. This document outlines the terms and conditions that apply to your access and use of our websites.
In this document we will use the terms “Indyme”, “us”, “our” and “ours” in reference to Indyme LLC, a United States corporation having its main place of business at Indyme at 8295 Aero Place Ste. 260, San Diego, CA 92123-2029. We will also use the words “you”, “your” and “yours” in reference to any person who accesses or uses any of our websites or their content. Finally, we will use the word “content” in reference to any material, such as text, audio or video files, electronic documents, images, and any other content that may be uploaded, imported into or otherwise made available through our portals or any services made available through them in connection with the use of these portals or services.
We may change our websites or delete any features or functionality, in whole or in part, in any way at any time for any reason. As such, we make no commitments with respect to the continued availability of our websites or any of their content.
Cookies and other tracking technologies
The names and the logos of Indyme products mentioned on our websites are trademarks of Indyme Inc. and may be registered in various jurisdictions.
Other trademarks used in our websites are trademarks of the manufacturers or vendors of their respective products.
All materials provided on our websites, including but not limited to the content, organization, graphics, design, compilation, logos, documents, software, services, digital conversion and other matters are protected under applicable copyrights, trademarks and other intellectual proprietary rights. The copying, redistribution, use or publication of material found on the website by you of any such matters or any part of our websites is strictly prohibited without our express prior written consent. You do not acquire ownership rights to any content, document or other materials viewed through our websites. The posting of information or materials on the websites does not constitute a waiver of any right in such information and materials. Some of the content on the site may owned and/or represent copyrighted work of third parties.
We strive to ensure that all information available on our websites is accurate and up-to-date. If you believe that any corrections are necessary, please contact us at firstname.lastname@example.org. If you wish to report problems pertaining to any of our websites, ask questions, report misuse or express concerns concerning this document, please contact us at email@example.com.
Our portals may have limitations as to the size, format, nature or the subject matter of the content that you may add to such portal under your account. Our portals are not intended to act as content storage service. It is therefore your responsibility to ensure that you regularly backup all content that you add to your account outside of our portals to ensure that you do not lose access to your content under any circumstances.
Some of our portals may enable you to share your content of access level basis (which may allow you to put limitations as to the other users’ ability to interact with your content), while the others are designed to make your content available to the other users of such portals. It is your responsibility to understand how your content will be used on a given portal before you create, upload, import or otherwise add any content. Once content is made accessible to any other user or the public, such individuals may interact with your content, and it may no longer be possible to render your content private again. Therefore, please carefully consider your options and the consequences of their exercise before you act.
Some of our portals may also enable you to post comments or otherwise interact with other users. Comments posted on those portals (for example, on our forums) are not anonymous and may be viewed by other users or the public (to the extent that the content of the forum is available for public viewing in read only form). Our portals may enable you to edit or delete your comments. Your posts are also considered to be your content, and may be moderated, edited or deleted by us as described in this document.
We always welcome thoughts, feedback, ideas and suggestions on how to improve our websites, products and services (“Feedback”) to make them better and more suitable for your needs. You may at your own discretion from time to time choose proactively to share with us, without having any obligation to do so. When you do so, you understand that you are allowing us to use your Feedback to improve or develop new websites, products, services or features. Therefore, if you share any Feedback with us, you grant us a nonexclusive, perpetual, irrevocable, worldwide, fully paid-up, royalty-free, transferable, assignable and sublicensable license to adapt, transform, reduce to practice, use, reproduce, distribute, make, have made, sell, offer to sell, publicly display, publicly perform, translate and otherwise utilize your Feedback.
By registering with Indyme or signing up for services, you understand that we may send you electronic messages with information regarding your accounts with us as well as about our products and services. Such messages may include notices about your use of our products or services, including notices of violations of use), information about updates to the products, services or new features or products. You may also opt into receive promotional information and materials regarding our products and services. You will always have the right to unsubscribe from receiving these promotional communications by visiting your settings in your account to control the messages you receive from us or unsubscribe by following the instructions in the message. Notices emailed to you will be considered given and received when the email is sent.
These third-party authentication agents make available their services in accordance with their own terms of service and privacy policies. It is your responsibility to review and ensure that you are agreeable to and abide by such terms and conditions put in place by the third-party authentication agents before you proceed.
Other third-party services
Indyme may make available optional third-party applications, services or products, for use in connection with your access and use of our websites or services. We may also share links to third-party websites. However, we are not responsible for the content or the privacy practices employed by these other sites.
These third-party products are not necessary for the use of our websites or services, and your use and any exchange of any information, license, payments or other data between you and the third-party provider is solely between you and such third-party provider. Indyme makes no warranties of any kind and assumes no liability of any kind for your use of or reliance on such third-party products.
Your content stored with third-parties
Indyme may allow you to import and manage certain information and content from third party websites or services in order to make that information and content available or discoverable through our websites. If you choose to link your account with your account(s) on such third-party websites or services, you authorize Indyme to access, use, store, modify, display and otherwise process all information and content made available to us by such third party through the linked account access as may be necessary to ensure the appropriate interaction between such linked accounts and your account.
If you choose to link your account to any third-party service, you agree that Indyme may share with such third-party service provider any of your content contained within your account to the extent that such capability is supported in the relevant Indyme portal and the concerned third-party service, and you choose to enable such feature for your convenience. You further understand that such third-parties may store, use or otherwise process your content made available to them as the result of the above in accordance with their own terms of service and privacy policies.
When using our portals, you may be exposed to content from other users and third parties, which may include communications with other users through public postings, private messaging, chat, or other similar features. You understand that, just like it is with your content, we do not actively monitor the content provided by any third party, and are not responsible for it, even if such content is inaccurate, offensive, objectionable or otherwise inconvenience or inappropriate. However, if you identify any such content on our websites, we invite you to report it to us by using the ‘report’ or such other button available on the relevant website, or by email us at webmaster@Indyme.com. We will take such action as we deem relevant under the circumstances.
You may also terminate your account by selecting the appropriate button in our portal (when available), or by contacting us in writing and clearly explaining your ask.
You understand that if your account is restricted, suspended or terminated, you may no longer have access to data generally reserved to authenticated users of our portals, including your own content stored in your account.
We respond to notices of alleged infringement of by copyrights on our websites, including with regards to content uploaded by our users, in accordance with the requirements of the copyright laws, including the U.S. Digital Millennium Copyright Act (“DMCA“). We will promptly terminate the accounts of those determined by us to be “repeat infringers”, without notice.
If you are an owner a copyright or the agent of a copyright owner, and you believe that any content made available on any of our websites infringes your copyrights, we invite you to submit a written notification to us by providing with the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) the identification of the copyrighted material claimed to have been infringed, or, if multiple copyrighted materials on our websites are covered by a single notification, a representative list of that content on our websites; (c) the identification of the content 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 such other information as may be reasonably necessary for us to locate and remove the content; (d) all relevant contact information to enable us to contact the complaining party; (e) an explicit statement that the complaining party has a good faith belief that use of the content in the manner described in the complaint notice is not authorized by the copyright owner, its agent, or the law; (f) a statement attesting the accuracy and the completeness of the information outlined in the infringement notice to us; and (g) a statement attesting, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that if you do not fully comply with the requirements outlined above, your copyright infringement notice may not be valid, and any removal requests may not be acted upon. Please keep in mind that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
All copyright infringement notices must be submitted to us in writing, to the attention of Indyme’s Designated Copyright Agent at firstname.lastname@example.org or to the physical address mentioned in the notification section above.
Please note that any other feedback, comments, requests for technical support or other communications should be directed to Indyme customer service.
Disclaimer of warranty
We make available our websites, including any of their content and any services made available through them, for your convenience only. We are using all reasonable endeavors to ensure that the information and materials made available on our websites meet our users’ expectations of accuracy and quality. However, errors are always possible. Therefore, we make available our websites (and all of their content and services made available through them) on an “as is” and “as available” basis. To the fullest extent permitted under the laws of the jurisdiction where you are located, we make no promises and expressly disclaim all warranties with respect to our websites or any software, services, content used in or made available thought them (whether provided by Indyme or any third party), including without limitation with regards to their performance, uninterrupted operation, availability, coverage, security, operation. All websites are provided “as is” and “as available”, without any representations or warranties whatsoever, including, without limitation, any warranties of accuracy, quality, security, non-infringement, merchantability, availability or fitness for a particular purpose.
Limitation of liability
Indyme further reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of any claim. We will endeavour to notify you of any such claim becoming aware of it.
If any part of these terms is determined to be invalid or unenforceable under the applicable law, then the invalid or unenforceable part will be deemed replaced by valid and enforceable language that most closely matches the intent of the original part of this document, and the remainder of these terms will remain in full force and effect.
Failure or delay by one party to enforce its rights under this document or will not affect the party’s ability to exercise such rights at any time thereafter.
These terms will be interpreted and enforced in accordance with the laws of the California, United States of America, except for any conflict of laws principles, and all disputes between the parties must be brought exclusively before the courts sitting in California, United States of America. However, the foregoing does not prohibit either party from seeking injunctive or other equitable relief in any other jurisdiction in case of any violation, breach or infringement of its rights related to privacy, intellectual property or confidentiality in such jurisdiction.
Updates to this document
This document has been last updated on March 21, 2021. The latest version of this document is available at indyme.com/tos