This End-User License Agreement ("EULA") is a legal agreement between you and Indie.am
This EULA agreement governs your acquisition and use of our Indie.am software ("Software") directly from Indie.am or indirectly through a Indie.am authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Indie.am software. It provides a license to use the Indie.am software and contains warranty information and liability disclaimers.
If you register for a free trial of the Indie.am software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Indie.am software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Indie.am herewith regardless of whether other software is referred to or described herein. The terms also apply to any Indie.am updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Indie.am hereby grants you a personal, non-transferable, non-exclusive licence to use the Indie.am software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Indie.am software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Indie.am software.
You are not permitted to:
Indie.am shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Indie.am.
Indie.am reserves the right to grant licences to use the Software to third parties.
(a) it is your own work (i.e. you have not copied it);
(b) you have not made the UGC to be deliberately offensive, including (but not limited to) indecent / pornographic content, etc., and the UGC is not defamatory and does not infringe any applicable laws;
(c) the content may be shared, so you grant Indie.am an irrevocable, worldwide, non-exclusive, royalty-free licence to use, reproduce, distribute, modify, adapt, publish, translate, prepare derivative works of and display the UGC and you waive any and all moral or similar rights you may have over the UGC;
(d) you will indemnify and hold harmless Indie.am for all damages, costs and expenses incurred for breaching theses warranties.
By using the Indie.am App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Indie.am App does not violate any applicable law or regulation. Your access to the Indie.am App may be terminated without warning if Indie.am believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Indie.am App, you agree to be bound by this Agreement in respect to your child’s use of the Indie.am App.
Content may not be submitted to Indie.am, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Indie.am.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United States.