1. As a IN:DE Media product account holder you may submit Content to certain IN:DE Media Services, including comics, images, animated gifs, links and user comments. You understand that IN:DE Media does not guarantee any confidentiality with respect to any Content you submit.
2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on an IN:DE Media Service.
3. You hereby affirm, represent, and warrant that you (1) own or have the necessary licences, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
4. You further agree that Content you submit to a IN:DE Media Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the Content or you are otherwise legally entitled to post the Content and to grant IN:DE Media all of the licence rights granted herein.
5. IN:DE Media does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and IN:DE Media expressly disclaims any and all liability in connection with Content. IN:DE Media does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and IN:DE Media will remove all Content if properly notified that such Content infringes on another's intellectual property rights. IN:DE Media reserves the right to remove Content without prior notice.
1. IN:DE Media does not claim ownership rights of your Content. Your Content belongs to you and IN:DE Media does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings IN:DE Media may provide.
2. For the purpose of enabling IN:DE Media to make your Content available on our platforms, you hereby grant IN:DE Media an ongoing, non-exclusive, worldwide, royalty-free licence and right to utilise Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
3. If you agreed to participate in one or more of IN:DE Media's Programs defined herein the document, you may be compensated for Content published using one or more of our platforms. IN:DE Media does not claim ownership right in your Content when you participate in our IN:DE Media Programs.
4. IN:DE Media will not sell or redistribute your Content to third party licensees unless you give us permission to do so. Advertisements on IN:DE Media platforms from direct advertisers or third parties may be served with Content. In a case where IN:DE Media offers an opportunity for Content owners to potentially benefit from compensation outside of IN:DE Media platforms, such as licensing for merchandising, publication through non-IN:DE Media channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
5. In order to promote, publicise, market and further the success of your Content and IN:DE Media as a whole, you hereby grant IN:DE Media an ongoing, non-exclusive, worldwide, royalty-free licence and right, but not obligation, to utilise Content that you publish on a IN:DE Media platform, or give to IN:DE Media, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
1. You have the right to opt out of the Services at anytime by removing your Content or by sending a written notification with the subject line "Opt Out Notice" to IN:DE Media via email at Jandrsn317@protonmail.com
2. Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to IN:DE Media, the program or any other users (in each case as determined by IN:DE Media's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
3. IN:DE Media will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
4. IN:DE Media reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. IN:DE Media may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information by mail to 1839 Country Lane Dr Greenfield, IN 46140 or by email with the subject line "Copyright" to Jandrsn317@protonmail.com in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material 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 information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of the methods outlined containing the following information:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Greenfield, Indiana, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by IN:DE Media, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
- Other than as expressly set out in these terms or in additional terms, IN:DE Media will not make any specific promises about the Service. For example, IN:DE Media will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. IN:DE Media provides the Service AS IS.
- Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You release IN:DE Media and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with any IN:DE Media Service (including, without limitation, participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
The Service will be governed, construed and interpreted under the laws of the United States. Members agree to be bound by these Terms of Service and by the decisions of IN:DE Media, which are final. IN:DE Media reserves the right to suspend or cancel user accounts and any benefits should viruses, bugs, unauthorised human intervention or other causes beyond our control affect the administration, security or proper handling of the benefits or IN:DE Media otherwise becomes (as determined in its sole discretion) incapable of running the program as planned. In case of bankruptcy, IN:DE Media reserves the right to deny all benefits and obligations that it may have.
When permitted by law, IN:DE Media will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of IN:DE Media, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
In all cases, IN:DE Media will not be liable for any loss or damage that is not reasonably foreseeable.
In case of any conflict or inconsistency, further agreements between you and IN:DE Media supersede these Terms of Service.