Terms and Conditions
Welcome to the introduction to our terms and conditions. (scroll down a bit to see them)
(Legal T&C's start further down the page).
We dislike lawyers. Well really we dislike their fees. We also have a strong dislike for legal jargon, but have been told we need to have it. We would ask that you please read the terms and conditions carefully as your use of the site and IndieReign's services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services.
For those of you who can't be bothered reading, we have decided to summarize (in our own words). The summary below is for convenience only and has no legal or contractual effect.
Our main goal is to make your video successful and help you make money. If you achieve this, then we benefit as well.
Don't upload any stuff that isn't yours, duh. You retain all Ownership rights over the material you provide to the IndieReign Site and Service. Stuff you do upload we can preview/sell on the site for you (unless it's really bad). Your preview can be shared on other sites (that is the whole point right?).
If you are naughty we can cancel your membership. If we ever visit your country you agree to provide us with Food, Shelter and Coffee (not really, but it would be appreciated). We don't think our site is broken and we do our best to keep the site live on the Internets. But if we get hacked, our servers blow up, Terrorists strike, or the movie 2012 turns into reality; you can't hold us accountable and you can't sue us. Remember we know where you live. You can cancel anytime, but we may cry.
Oh and you also understand that we are from New Zealand and as such talk funny, spell things wrong and have bad grammar.
Main Points
- – You own your content.
- – You get paid instantly.
- – You can cancel/delete your video at anytime.
- – IndieReign is free to use, though we do take a 30% commission on sales. See our FAQ page for more info on this.
- – The main purpose of our tools is to get your video shared, seen, and subsequently purchased. So we encourage your preview/teaser/trailer to be shared. You give us permission to get your video in front of as many eyeballs as possible.
Real Terms and Conditions start here
Access to, and use of, the IndieReign site is provided subject to the following terms and conditions. We would ask that you please read these terms and conditions carefully as your use of the site and IndieReign services constitutes acceptance of these terms and conditions. If you do not agree to the terms and conditions, do not use the site or services. IndieReign may, in its sole discretion, modify or revise these terms and conditions at any time by updating this web page. You are bound by any such modification or revision and should visit this page periodically to review the terms. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.
1. WARRANTY DISCLAIMER.
YOU AGREE THAT Your use of this Website and Service is at your sole risk. IndieReign provides the services on this websites on an "as is" and "as available" basis. INDIEREIGN MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, PLAYER, DISTRIBUTION TOOLS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Without limiting the foregoing, IndieReign and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (i) the IndieReign websites and services will be uninterrupted, timely, secure or error-free, (ii) the defects in the IndieReign websites and services will be corrected, (iii) the IndieReign Technology or the servers that operate the IndieReign websites and services are free of viruses or other harmful components, (iv) the data, results and information within the IndieReign websites and services will be correct, accurate, adequate, useful, reliable or otherwise; and (v) the IndieReign websites and services will meet your needs, requirements or expectations.
2. INDEMNITY
You agree to defend, indemnify and hold harmless IndieReign, its parent corporation, 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: (i) your use of and access to the IndieReign Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IndieReign Website.
3. INTELLECTUAL PROPERTY & USER SUBMITTED CONTENT
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize IndieReign to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You acknowledge that IndieReign owns all the intellectual property rights to the Website and that any reproduction, distribution or publication of any content is prohibited without the express written consent of IndieReign. You retain all Ownership rights over the material you provide to the IndieReign Site and Service. However, by creating your Account and Profile and Uploading Video and Content to the public areas of IndieReign referred to as to as " User Submitted Content.", you hereby grant IndieReign a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submitted Content in connection with the IndieReign Website and IndieReign's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the IndieReign Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the IndieReign Website a non-exclusive license to access your User Submitted Content through the Website, and to use, reproduce, distribute, display and perform such Video and content as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submitted Content terminate within a commercially reasonable time after you remove or delete your User Videos from the IndieReign Service. You understand and agree, however, that IndieReign may retain, but not display, distribute, or perform, server copies of User Submitted Content that have been removed or deleted. The above licenses granted by you in User Submitted Content are perpetual and irrevocable. IndieReign will not include or overlay advertising in any of your footage unless you have expressly granted us rights to do so. IndieReign disclaims any liability in connection with the ownership rights in User Submitted Content and you hereby expressly release IndieReign from any and all liability, in connection with ownership of User Content, and expressly waive any claim, demand, contention or suit against IndieReign in connection with disputes over ownership rights in User Submitted Content. IndieReign will remove all User Submitted Content if properly notified that such User Submitted Content infringes on another's intellectual property rights. IndieReign reserves the right to remove User Submitted Content without prior notice. In connection with User Submitted Content, 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 IndieReign all of the license rights granted herein. If you believe your copyrighted content is being infringed upon email our dedicated email address copyright@indiereign.com
4. OBJECTIONAL MATERIAL
Pornography is not permitted to be uploaded and is deemed Objectional Material. Uploading files involving child exploitation is strictly forbidden and users involved in such file uploads will be permanently removed from the site as well as being reported to the National Center for Missing and Exploited Children’s Cybertipline.
5. PURCHASING VIDEO CONTENT
IndieReign provides a service that allows Individuals, Companies, Businesses, Agencies and any other Organisation or Groups referred to as Customers to purchase Video Content. This service is meant to be a positive one for both the Customer and the Video Content Creator culminating in satisfying both parties. IndieReign may not always be able to deliver Customers and sales to the Video Creator. While we seek to enlist only the highest quality Video Content Creators, we do not guarantee the quality or the credentials of the Video Content Creator who offer their videos. As IndieReign is a conduit for matching Customers with Videos, we are not responsible for any transaction that may occur between you and/or your company and a IndieReign participating Video Content Creator. IndieReign does not guarantee the quality, safety or legality of the information provided or the products and services sold. You should exercise as much caution as you would typically exercise with any purchase or sale of products or services. Should you have a dispute with any Video Content Creator or Customer, you must address such dispute with the Video Content Creator or Custoemr directly. You hereby agree to release IndieReign (and our employees, contractors and agents) from any and all damages or claims (including consequential and incidental damages, loss of profits or business) arising out of or in any way connected with such disputes and your transactions with Content Creators or Customers.
6. YOUR USE OF INDIEREIGN DISTRIBUTION SERVICES
IndieReign enables you to initiate transactions for the purchase and sale of Video content. However, IndieReign is not the supplier of content, nor is it a third party to any transactions involving such products or services. IndieReign facilitates the purchase of Video Content From participating Video Content Creators. It is agreed that your use of IndieReign Player and tools is for purchasing or selling purposes and not for any other purpose including advertising or competitive intelligence. You acknowledge that IndieReign screens your Video and has the right (but not the obligation) in our sole discretion to deny any Video that is in violation of these terms and conditions. If it is determined or suspected by IndieReign in its sole discretion that you are misusing or attempting to misuse or circumvent the IndieReign services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, IndieReign reserves the right, in its sole discretion, to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
7. FEES
IndieReign do not charge any fees for using the site or tools. Video Content Creators agree to pay IndieReign a success fee of 30percent on successful sale of a Video. Video Content Creators grant IndieReign permission to deduct their fee at the time of transaction. Video Content Creators are responsible for any transaction fees charged by PayPal. IndieReign has no control over this fee and Video Content Creators agree this is a third party fee outside of IndieReign's control. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IndieReign as a result of this Agreement or use of this Web site. This Agreement is governed by the laws New Zealand. All our services are provided in New Zealand and under New Zealand law. You may take legal action against us only in a New Zealand court. This agreement constitutes the entire agreement between you and IndieReign with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and IndieReign with respect to this site.
Take The Power Back.
