Terms of Use
This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User") and Indiefilmz. By accessing and using the Indiefilmz web site, User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement. If you do not agree to these Terms of Use, you should not use the Indiefilmz website.
Indiefilmz reserves the right to:
1. Change these terms and conditions periodically at its sole discretion. User's contained use of this web site constitutes acceptance of the terms and conditions stated at the time of use.
2. Terminate or restrict your use of our website and services without notice for any or no reason whatsoever.
3. From time to time, with or without notice to you to change these Terms of Use at our sole and absolute discretion.
4. Please review our Privacy Policy to understand our practices.
Guilds and Unions
Indiefilmz in recognition of Screen Actors Guild, Writers Guild of America, Directors Guild and any other Guilds associated with the uploaded video content, recognizes and supports the agreements struck with between membership and producers and therefore compels producers to adhere to the language, intent and action of all collective bargaining agreements. Indiefilmz enthusiastically supports every artist's right to be compensated and recognized for their work, in accordance with negotiated contracts, and letters of agreements sanctioned by the above mentioned guilds. However, Indiefilmz is not a guild member and therefore under no obligation to enforce any letters of agreement and/or contracts exacted by guild membership and/or agreed upon by producers, employers, representatives or any other parties associated with video uploaded content. Contact your union or guild for guidelines of internet media agreements.
Membership
Membership is for unlimited access to our website and resources. We provide an organized website with links to third party software and technical support. We do not re-sell or license software downloaded from other sites. All software is freeware and/or shareware. When you become a member of Indiefilmz you are agreeing to receive technical support, ratings, feedback and suggestions.
'Braggin Rights' Section
Each membership includes the option to participate in the Indiefilmz on line filmmaker community section call 'Braggin Rights'. Members will be able to create an About Me/Bio, identify awards received in the Awards/Recognition section and proudly recognize the individuals that had an influence on them in the Influences section. Members will be able to participate in on line forums, blogging and more.
Responsibility for what is posted on or in the forums, blogs and other public posting areas on the website lies with each user. It is a condition of the use of the section and the forums, blogs and other public posting areas that a person does not:
* Restrict or inhibit any other user from using and enjoying the section.
* Use the section to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
* Use the section to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
* Use of the section to post or transmit any information, software or other material that contains a virus or other harmful component.
* Use the section to post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising.
* Use the section to advertise or solicit to anyone buy or sell products or services or make donations of any kind without the express written approval of Indiefilmz.com.
* Use the section to gather for the purpose of spamming email addresses that have been posted by other users of the section.
The user of the section understands that Indiefilmz.com has no obligation but can monitor any forum, blog or other areas of the section through which users can supply information or material. Indiefilmz.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or to refuse to post or to remove any information or materials, in whole or in part, that in Indiefilmz.com's sole discretion are objectionable or in violation of these Terms of Use. Any violation of any of the above can lead to the termination of the use of Indiefilz.com website and services.
Indiefilmz offers the artist three types of calendar year to date memberships: Silver, Gold and Platinum.
Silver*: Upload 1-13 short films over a calendar year for a low cost of $10.00 per year.
Gold*: Upload 14-26 short films over a calendar year for a low cost of $15.00 per year.
Platinum*: Upload 26-39 short films over a calendar year for a low cost of $20.00 per year.
*Please note that you can upgrade your membership at anytime by simply modifying your membership level and paying the difference in membership fees.
If a member fails to renew their calendar year to date membership on or before their anniversary date, their membership will be automatically cancelled.
An Indiefilmz membership will continue to be in affect providing that the annual calendar year to date membership renewal fees as well as meeting the other requirements of membership is met.
You may cancel your membership with Indiefilmz at anytime, and the cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR MEMBERSHIP. To cancel, just forward an email to Customercare@Indiefilmz.com, or call us at (312)307-9307 to indicate your cancellation and the reason(s).
Uploading Film
If you choose to compress the file you will sacrifice the quality.
Do not upload films that you do not own the rights to the film.
Do not upload films if you do not own the rights to the music or any video samples included in the film.
Do not upload films if you do not have the actors release and have not met the requirements of the Screen Actors Guild.
Acceptable Formats
3D, HD, Avi,dv, mov/qt, mpeg, mp4, ast and wmv
The cost to purchase/download a short film
The cost of a short film will be $1.49/each, each active Indiefilmz member will receive 50% of the net sale cost of each short film purchased/downloaded.
The monies owed to the filmmaker/member for short films purchased/downloaded will be credited back to them via Pay Pal Mass Pay.
You do not have to be a member to purchase any Indiefilmz short films. You must be a member to upload any short film to be purchased/downloaded from our website.
All downloaded purchase sales are final.
Indiefilmz Shareholder Ownership Requirements (TBD)
Limitations of Use
You must be 18 years of age or older to become a member and to download any of our short films from the Indiefilmz 17 channel library.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device or computer. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log off at the completion of each visit to the Indiefilmz website. Indiefilmz cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
If you find that you're a victim of identity theft and it involves your Indiefilmz account you should notify Customer Service. Then you should report this incident to all your card issuers as well as your local law enforcement agency. Indiefilmz reserves the right to place any membership account on hold, terminate anytime and without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Indiefilmz is not obligated to credit a membership for holds placed on the account by either a representative of Indiefilmz or by the automated processes of Indiefilmz. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
User reviews and other content
Indiefilmz will make every effort to edit and review all the short films that are being uploaded to our short film 17 channel library to ensure that the content of the uploaded short films contains no X-Rated, pornographic, inappropriate, profane or indecent, abusive, libelous, controversial, terror/threatening, vulgar, obscene and/or offensive subject matter or material. Indiefilmz reserves the right to remove any short film found to contain any of the above mentioned material or content. We further encourage/solicit the support of our viewers to assist us in identifying any short film that may contain some of the above materials mentioned. If these materials are in fact found to be in any of our library of short films, we will delete them from our library of short films.
Indiefilmz has the right to monitor, edit and remove any short film based on content or any other reason.
Service Testing
From time to time, we test various aspects of our website, including service levels, plans, features, short film availability, content, downloads, uploads and pricing and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
When you visit Indiefilmz website or send emails to us, you are communicating with us electronically. You consent to receive communication from us electronically. We will communicate with you by email or by posting notices on our main 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.
Reviews, Comments, Communications and Other Content
From time to time individuals that have purchased/downloaded the filmmakers short films may receive reviews, feedback, comments, suggestions, ideas, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights. We reserve the right (but not the obligation) to remove or edit such content, but does regularly review posted content.
Contact Us
If you need assistance for any reason, you should email our Customer Service department at Customercare@Indiefilmz.com anytime. You can call our office location at (312) 307-9307. We will make every effort to contact you within 24 hours of your submission. Our mailing address is 625 N. Michigan Avenue, Suite 422 Chicago, Illinois 60611.
For Advertising and Sponsorship Opportunities on Our Website
(TBD)
CORPORATE IDENTIFICATION AND TRADMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of Indiefilmz, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Indiefilmz's prior written permission. The use of Indiefilmz's marks on any other web site is prohibited.
LINKS TO THIRD PARTY SITES
The Indiefilmz web site may contain links to third party web sites, which are not under the control of Indiefilmz. Indiefilmz makes no representations whatsoever about any other web site to which you may have access through the Indiefilmz web site. When you access a third party web site, you do so at your own risk and acknowledge that Indiefilmz is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Indiefilmz shall not be liable for any loss or damage of any sort incurred as the result of using any third party's web site.
SOFTWARE DOWNLOADS
Any software that is made available to download ("Software") from this web site is the proprietary and copyrighted work of Indiefilmz and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software ("License Agreement, which accompanies or is included with the Software ("License Agreement"). Indiefilmz and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. Indiefilmz may cease offering the Software for download or discontinue this web site at any time without notice. Indiefilmz assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS TERMS OF THE LICENSE AGREEMENT EXCEPT AS WARREANTED IN THE LICENSE AGREEMENT.
LIMTATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT INDIEFILMZ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENCENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF INDIEFILMZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAMIER OF WARRANTIES
While every effort is made to ensure accuracy, Indiefilmz makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Indiefilmz make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. USER UNDERSTANS AND AGREES THAT ANY CONTENT UPLOADED OR DOWNLODED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOAD OF SUCH CONTENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, INDIEFILMZ PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF NONIFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL INDIEFILMZ OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OF LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF INDIEFILMZ HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
User agrees, at user's expense, to indemnify, define and hold harmless Indiefilmz, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgments, losses, deficiencies, damages , liabilities, costs and expenses (including reasonable attorney's fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of this web site or any product or service related thereto.
WAIVER/SERVERABILITY
The wavier by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or enforceable by a court of competent jurisdiction, such provision shall be served from the remainder of this Agreement, which will otherwise remain in full force and effect.