Terms of Use

Welcome to the Indistry. These Terms and Conditions of Use (the “Terms of Use”) apply to your use of the platforms and programs hosted on the website and software applications, including but not limited to the EA Platform (collectively the “Program”) of Indistry Media, LLC, an Illinois limited liability company with a principal place of business at 6160 N Cicero Avenue, Suite 400, Chicago, IL 60646 (hereinafter “Company” or “Indistry”), its subsidiaries and affiliates, and all related tools and services you utilize from Indistry through your use of the Program (the “Services”). If you continue to browse and/or use the Services, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Indistry’s relationship with you. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

These Terms of Use set forth the terms and conditions of Indistry applicable to your use of the Services offered through the Program. We encourage you to read these Terms of Use carefully. Indistry may revise, modify and/or supplement these Terms of Use at any time (the “Revised Terms of Use”). When changes are made, we will make the revised version available on the Indistry Program and/or software applications, and will indicate at the top of this page the date that revisions were last made. If you do not agree to the Revised Terms of Use, you must close your account and stop using the Services. By continuing to use the Services following notice, or by failing to close your account, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Services is valid consideration for the Revised Terms of Use.

TERMS FOR ALL USERS

1.         Limited License. These Terms of Use contain details on your limited right and license to use the Program solely in connection with your use of the Services. The Program contains material that is protected by copyright and other applicable intellectual property laws in the United States and other territories and by international treaty provisions. Indistry grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in these Terms of Use, to install and use the Program, in object code form only, provided to you by or on behalf of Indistry in connection with your use of the Services. The Program is licensed, not sold or given, to you by Indistry for use only under these Terms of Use, and all rights not specifically granted to you herein are reserved to Indistry and to any third party with ownership rights in software and materials used in the Program. You may not remove any proprietary notice of Indistry or any other party from any copy of the Program or documentation.

2.         Privacy.  Indistry’s Privacy Policy applies to use of the Program, and its terms are made a part of these Terms of Use by this reference. To view Indistry’s Privacy Policy, click HERE. Please refer to our Privacy Policy for information on how Indistry collects, uses and discloses personally identifiable information. Additionally, by using the Program, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Program may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

3.         Ownership of Program and Content.  The Program is owned and operated by Indistry.  Unless otherwise stated, all material on this Program, in whole and in part, is the property of Indistry.  Unless otherwise stated, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Program is owned, controlled or licensed by or to Indistry or third parties, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. None of this Content is in the public domain.  As such, no portion of this Program may be downloaded, distributed, published, altered, stored, transmitted, or copied, electronically or by any other means known now or in the future, without express written permission from Indistry or its designated agents. Content may be watermarked, visibly and nonvisibly, to track and assure copyright protection. Violating copyright or trademark laws carries significant penalties. Indistry will enforce its intellectual property rights.  No part of the Program and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Program or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Indistry or the direct owners of the Content. Also protected are all application, database, web page and web server programming, and other software created by, or licensed by, Indistry for the development, production, and operation of this Program, its internal platforms, and the host computer network.

4.         Modification and Termination of Program.  Indistry reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Program and/or Services, or any portion of the Program and/or Services, for any reason; (2) to modify or change the Program and/or Services, or any portion of the Program and/or Services, and any applicable policies or terms, including those concerning artist compensation; and (3) to interrupt the operation of the Program and/or Services, or any portion of the Program and/or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Your continued use of the Program and/or Services following the posting of changes will mean that you accept and agree to the changes.  You agree that Indistry shall not be liable to you or any third party for any modification or discontinuance of the Service or Program, or any portion thereof.

5.         Eligibility to Use Services.  You represent and warrant that you meet and will continue to meet the following eligibility requirements for as long as you use the all services offered by Indistry: (a) you are at least thirteen (13) years old to use the Program; (b) if you are under eighteen (18) years old, you have first secured your parent or legal guardian’s consent to complete any purchases or transactions through the Program; (c) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Program, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; and (d) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use and the applicable Terms of Sale. By using the Service, you understand and agree that Indistry may rely on the above representations and warranties as true. You understand and agree that Indistry may revise the eligibility requirements from time to time and require new conditions and certifications and that you will abide by such revised eligibility requirements or discontinue using the Service. If Indistry becomes aware of or believes that there are violations of the eligibility requirements by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

6.         Use of Services.  You agree to use the Services in a manner that is lawful, relevant and proper. Any use of the Services that Indistry, in its sole discretion, determines to be inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Indistry reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Services after termination or during suspension.  You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Services: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) defaming, abusing, harassing, harming, stalking, threatening or otherwise violating the legal rights (including without limitation rights of privacy and publicity) of others; (c) attempting to probe, scan, or test the vulnerability of the Services, the Program, or to breach security or authentication measures without proper authorization; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using the Program or the Services to send unsolicited e-mail, including, without limitation, illegal promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Indistry in providing the Program or the Services; (h) uploading files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity; (i) harvesting or otherwise collecting information about Users without their consent; (j) impersonating another person or allowing any other person or entity to use your user name, password or membership; (k) reproducing, duplicating, copying, selling, re-selling or exploiting any information, materials or content on the Services; (l) selling, renting, sublicensing or leasing of any part of the Service or the Content; (m) circumventing any territorial restrictions applied by Indistry or it licensors; (n) removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content or User Content); (n) providing your password to any other person or using any other person’s username and password; and (o) copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Content, or otherwise making any use of Indistry or the Content which is not expressly permitted under these Terms of Use or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in Indistry or the Content or any part of it. Enforcement of these Terms of Use is solely at Indistry’s discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

7.         Non-Circumvention Programs.  You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Program or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Program or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Program. Indistry reserves the right to bar any such activity.  You may not attempt to gain unauthorized access to any portion or feature of the Program, or any other systems or networks connected to the Program or to any Indistry server, or to any of the services offered on or through the Program, by hacking, password “mining” or any other illegitimate means.  You may not probe, scan or test the vulnerability of the Program or any network connected to the Program, nor breach the security or authentication measures on the Program or any network connected to the Program. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Program, or any other customer or member of Indistry, including any Indistry account not owned by you, to its source, or exploit the Program or any Services or information made available or offered by or through the Program, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Program.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Program or Indistry’s systems or networks, or any systems or networks connected to the Program or to Indistry.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Program or any transaction being conducted on the Program, or with any other person’s use of the Program.  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Indistry on or through the Program or any Services offered on or through the Program. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.  You may not use the Program or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Indistry or others.

8.         Notification of Claimed Copyright Infringement.  Indistry respects the intellectual property rights of others, and we ask our users to do the same.  Indistry may, in its sole discretion, terminate the accounts of producers who violate others’ intellectual property rights.  If you believe that your work has been copied in any way that constitutes infringement on the Program, you may file a notification of such infringement with our designated agent at customer service@indistrymedia.com and provide the following information: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work, a copy of the work or identification of the location (e.g., URL) of an authorized version of the work; (b) identification of the material you believe to be infringing and its location; (c) your name, address, telephone number and (if available) e-mail address; (d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (d) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf and (e) a signature or the electronic equivalent from the copyright holder or authorized representative. Please see 17 U.S.C. §512(c)(3) for the full requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We may give notice of a claim of copyright infringement to our users by means of a general notice on the website or Program, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.

9.         SMS Text Message Alert Service.  Indistry may make SMS text message alert services available to Users. Users who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary, and if you decide to use this service, you are giving Indistry permission to send SMS text messages to your cellular phone and/or mobile device. We do not charge for this service, but your carrier may charge you.

10.         Third-Party Links.  From time to time, the Program may also include links to services, platforms, advertisers, applications, information, and content owned or controlled by third-parties. These links are provided for your convenience to provide further information. They do not signify that Indistry endorses the third-party program(s), service(s), information or content. Indistry has no responsibility for the content of the linked platform(s).  You agree that your use of such platforms, services and/or content is at your own risk, and that Indistry’s Terms of Use do not apply to such platforms, services and/or content. You should carefully review any applicable terms and conditions that would apply to your use of these third-party platforms, services and/or content.  Indistry expressly disclaims, and you expressly release Indistry from, any and all liability and damages arising from or in any way related to your use of these third-party platforms, services and/or content.

11.         Limitation of Liability.  EXCEPT WHERE OTHERWISE PROHIBTED BY LAW, INDISTRY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFIT OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PROGRAM. INDISTRY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF INDISTRY, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. IN NO EVENT WILL INDISTRY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICES OR PROGRAM EXCEED THE AMOUNT OF MONEY RECEIVED FROM YOU, IF ANY, BY INDISTRY DURING FROM THE PRIOR 12-MONTH PERIOD OF YOUR SUBSCRIPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO CONTENT PROVIDER. FOR INSTANCE, IF CONTENT PROVIDER IS A CALIFORNIA RESIDENT, CONTENT PROVIDER AGREES TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

12.         DISCLAIMERS.  INDISTRY DOES NOT PROMISE THAT THE PROGRAM OR ANY CONTENT, SERVICE OR FEATURE OF THE PROGRAM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PROGRAM WILL PROVIDE SPECIFIC RESULTS. THE PROGRAM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE PROGRAM IS SUBJECT TO CHANGE WITHOUT NOTICE. INDISTRY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS FROM THE PROGRAM WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INDISTRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, USE AND FITNESS FOR A PARTICULAR PURPOSE. INDISTRY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. INDISTRY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE INDISTRY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. INDISTRY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PROGRAM AND/OR ANY INDISTRY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM AND ANY LINKED SITES.  Indistry hereby expressly disclaims, and you hereby expressly release Indistry from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. YOUR SOLE REMEDY AGAINST INDISTRY FOR DISSATISFACTION WITH THE PROGRAM OR ANY CONTENT IS TO STOP USING THE PROGRAM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.  This disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

13.         Indemnity.  You agree to indemnify and hold harmless Indistry, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees and court costs), made against Indistry by any third party due to or arising out of or in connection with (a) your use of the Program and/or Services, (b) your violation of this Terms of Use, (c) the infringement of any intellectual property or any other right of any person or entity by you, or any other user of the Program using your computer; (d) disputes between you and other Users; (e) your use and/or misuse of the Service; (f) your violation of any applicable law, rule or regulation; and/or (g) the inclusion by you of any inaccurate, misleading, false or deceptive statements within your User Content.  Indistry hereby reserves the right to assume the control and defense, at its own expense, of any matter otherwise subject to indemnification by you.  Regardless, you shall provide reasonable cooperation to Indistry as requested by Indistry in defense of all such claims.

14.         Recovery of Costs and Fees.  If Indistry does take any legal action against you as a result of your violation of these Terms of Use, Indistry will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Indistry. You agree that Indistry will not be liable to you or to any third party for termination of your access to the Program as a result of any violation of these Terms of Use.

15.         Arbitration and Choice of Law.  Use of the Program, the Services, and any dispute arising out of such use of the Program and/or Services, shall be construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction) which would cause the application of the laws of any other jurisdiction other than the State of Illinois.  If a dispute arises out of or in connection with your use of the Program, the Parties shall first try to resolve the dispute with the help of a mutually agreed upon mediator, preferably one familiar with the Entertainment Industry, in Cook County, Illinois associated with the American Arbitration Association and according to the AAA Commercial Arbitration Rules, or any other dispute resolution service agreed to by the Parties.  Any costs and fees other than attorney fees will be shared equally by the parties. If it is impossible to arrive at a mutually satisfactory solution within a reasonable time, the parties shall submit the dispute to binding arbitration in Cook County, Illinois, conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and this Paragraph, and that Company and Content Provider are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of the Agreement. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

16.         Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND INDISTRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Indistry agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

17.         Void Where Prohibited.  Indistry administers and operates the Program from its location in Cook County, Illinois USA.  Although the Program is accessible nationwide, not all features, products or services discussed, referenced, provided or offered through or on the Program are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Indistry reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Program is void where prohibited. If you choose to access the Program from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

18.         No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

19.         Relationship of Parties. You acknowledge that you are not legally affiliated with Indistry in any way, and no independent contractor, partnership, joint venture, or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use.  As such, you shall not have, or hold out to any third-party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Indistry, except as provided herein or authorized in writing by Indistry.  Indistry is not an employment service and does not serve as an employer of any User. As such, Users are solely responsible (and Indistry is not responsible), for any tax, withholding or reporting, including, but not limited to, unemployment insurance, social security or payroll withholding tax or income reporting in connection with any services provided by Users. You understand and agree that if Indistry is found to be liable for any tax, withholding tax or reporting obligation in connection with any services provided or received by you, then you will immediately reimburse and indemnify Indistry for all costs, expenses and liabilities (including any interest and penalties) relating to the same.

20.         Severability.  If any of the provisions of these Terms of Use are held by a tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.  These Terms of Use constitute the entire agreement between you and Indistry with regard to your use of the Program, and any and all other written or oral agreements or understandings previously existing between you and Indistry with respect to such use are hereby superseded. Indistry’ S failure to enforce strict performance of these Terms of Use shall not be construed as a waiver by Indistry of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Indistry and you or any other party be deemed to modify any provision of these Terms of Use.

EMERGING ARTIST CHANNEL PLATFORM

21.         Description of Emerging Artist Channel. Indistry offers a wide range of interactive services to its customers. One of the integral services presented to customers is the Emerging Artist Channel platform (the “EA Platform”), which provides emerging musical artists (bands, musical groups and individual musicians, for example) with a user account and personalized channel through which to interact and engage with fans (the “Channel”). Through Indistry, musical artists are provided with the opportunity to have their own Channel through which they may display music videos, live experiences, promotional initiatives, and User Content (as defined below) and offer for sale their music and merchandise, and Indistry users are provided with the ability to access and view User Content from these Channels. Indistry also offers interactivity features that provide artists with the ability to layer in social media timelines on their Channels, which allows users to share and see artist posts in real time over certain content.  In exchange for the right to exploit the artist assets you submit to Indistry, you will receive consideration in a form and amount as reflected on Indistry’s then-applicable Compensation Schedule, which is incorporated by reference herein as Schedule A, and which Indistry may amend from time to time in its sole discretion. Once Indistry has approved your submission and agrees to activate your Channel, you may request a copy of the current Schedule A by clicking HERE.

22.         Use of Channels.

A.          Posting User Content on the Channel. Indistry users may not directly post, upload, and/or contribute (“post”) content to their Channels.  Rather, you may submit your content (which may include, for example, pictures, text, messages, information, audio-visual works, and/or other types of content, but explicitly excluding audio-only streaming of musical works) (“User Content”) to Indistry, which will determine in its sole discretion whether to post User Content on your Channel. You agree that, with respect to any User Content you submit to Indistry post on the EA Platform, you have the legal right to post such User Content, and such User Content, or its use by Indistry as contemplated by these Terms of Use, does not violate these Terms of Use, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Indistry or any artist, band, label, entity or individual without express written consent from such individual or entity. Indistry may, but has no obligation to, monitor, review, or edit User Content. In all cases, Indistry reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Indistry’s sole discretion, violates these Terms of Use. Indistry may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at Indistry’s sole discretion, and Indistry does not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. Indistry is not responsible for User Content nor does it endorse any opinion contained in any User Content. Content posted by you also shall not be deceptive or misleading, and must comply with all applicable laws and regulations, including ensuring that you provide all necessary disclosures to people using Indistry, such as any disclosures needed to indicate the commercial nature of content submitted to be posted by you. Don’t include third party products, brands or sponsors within your Channel unless you have received consent from those products, brands or sponsors to do so. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST INDISTRY RELATED TO USER CONTENT THAT YOU HAVE SUBMITTED TO BE POSTED, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD INDISTRY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM. For content that is covered by intellectual property rights, like music, photos and videos (“IP content”), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you submit to be posted on or in connection with Indistry and the Services (the “IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

B.              Collection of Data by You. If you collect content and information directly from users of the EA Platform, you will make it clear that you (and not Indistry) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You will not collect users’ information, or otherwise access Indistry, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Indistry’s permission. Don’t use information obtained from a person’s interaction with your call-to-action for any purpose other than to provide the service associated with the call-to-action. If you want to use this information for any other purpose, first obtain a person’s explicit consent.

C.              Offers or Promotions. From time to time, Indistry and you may agree to present offers or promotions through your Channel. In the event you are responsible for generating the materials associated with any such offer or promotion, you must comply with the following rules: (i) your offer must be available for a limited time; (ii) you must clearly and prominently disclose any restrictions on your offer (such as expiration date or limitations on redemption); (iii) you are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer; (iv) you are responsible for ensuring that your offer complies with these terms and all applicable laws, rules and regulations. Offers are subject to many regulations (such as alcohol discounts and offers marketed to minors) and if you are not certain that your offer complies with applicable law, consult with an expert. If you use Indistry to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including: (i) the official rules; (ii) offer terms and eligibility requirements (ex: age and residency restrictions); and (iii) compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals). Promotions on Indistry must include a complete release of Indistry by each entrant or participant and an acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Indistry.

23.         Termination of Artist Channel.  Indistry may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your Channel, and your access to the EA Platform, and/or (ii) remove your Profile and/or any User Content posted by or about you, from the EA Platform. Unless otherwise decided by Indistry, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any Channel, Indistry may send a notice of the termination or suspension to other Users you have corresponded with. If your Channel has been terminated by Indistry, you may not re-register without Indistry’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available). You may terminate your Channel at any time by completing the cancellation form available HERE. Your cancellation will be effective at the end of the month in which you submit your notice of termination to Indistry. Following termination, Indistry shall pay to you any outstanding compensation on a pro rata basis and in accordance with Schedule A within ninety (90) days following the termination of your Channel.  You may seek to re-activate your Channel at any time, but your previous information and activity, including any User Content you may have created, may no longer be available. Upon the termination of your Channel, you will no longer have access to your Channel, or to portions of the EA Platform and Services that require an active account. If your Channel is terminated, it will no longer be accessible. Any User Content associated with your Channel after your account’s termination may not be available to you if you re-activate your Channel with Indistry. Upon termination, Sections 3, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of these Terms of Service will continue in full force and effect.

TERMS FOR USERS PURCHASING SUBSCRIPTIONS

24.         Pricing and Availability. All prices are shown in United States dollars. Taxes, shipping and handling charges are additional. All items are subject to availability, and Indistry reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

25.         Personal Use. Your purchase of a subscription provides you with the limited right to access the Program for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.

26.         Fees, Automatic Renewal and Cancellation. Where indicated on the Program, fees are charged to access and use certain Services on the Program. For example, Users may purchase monthly subscriptions to use and access Services. Services and fees are subject to change or termination by Indistry from time to time without notice. If there is any change to the Services and/or fees, they will be updated on the Program. Users who use these subscription-based Services agree to pay Indistry the applicable fees then in effect. In addition, Users authorize Indistry to charge their chosen payment provider for use of the Program.  Monthly subscriptions purchased by you shall automatically continue month-to-month unless and until you cancel your membership or we terminate it. By starting a monthly Indistry membership and providing a payment method, you authorize us to charge you a monthly subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Service to your designated method of payment.  You will not be eligible for a refund of any portion of a payment made for the then-current membership period, except as expressly provided in these Terms of Use. Indistry is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Indistry. All fees and charges are nonrefundable and there are no refunds or credits once your account has been billed, including any unused period of time remaining in a monthly subscription purchased by a User.

27.         Payment; Credit for Refunds. Only valid credit cards or other payment method acceptable to Indistry may be used, and all refunds will be credited to the same card or, in Indistry’s discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize Indistry to charge your order (including taxes, shipping, handling and any other amounts described on the Websites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding “Your Account,” you agree to keep all payment cards or other payment method information current and that Indistry may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem Indistry encounters in order to proceed with your order.

28.         Online Payment Service. Indistry may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service.  Indistry may also offer an online payment service to facilitate payments between Users, which may be subject to availability based on geographic area, subscription enrollment or other basis, as determined by Indistry. Indistry hereby expressly disclaims, and you hereby expressly release Indistry from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Indistry’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Indistry’s use of payment processing services, please contact Indistry by email at support@Indistry.com.

29.         Termination of Subscription.  Indistry may, in its sole discretion, for any reason or no reason, with or without notice (i) terminate or suspend your subscription and your access to the Program, and/or (ii) remove your Profile and/or any User Content posted by or about you, from the Program. Unless otherwise decided by Indistry, such termination, suspension, and/or removal will be effective immediately. Following any termination or suspension of any Subscription, Indistry may send a notice of the termination or suspension to other Users you have corresponded with. If your account has been terminated by Indistry, you may not re-register without Indistry’s consent (and if you are permitted to re-register, your previous information and activity, including any fee credits, may no longer be available). You may terminate your subscription at any time by completing the subscription cancellation form available HERE.  Your cancellation will be effective at the end of your then current subscription term. You may re-register your subscription at any time, but your previous information and activity, including any fee credits and any User Content you may have created, may no longer be available. If your account automatically renews on a monthly basis, your ability to terminate your account must in done in accordance with these Terms of Use. Upon the termination of your account, you will no longer have access to the portions of the Program and Services that require account registration. If your account is terminated, your Profile will no longer be displayed, but other User Content you have posted or transmitted (e.g., reviews, messages to other Users) may or may not (in Indistry’s sole discretion) remain on the Program. Any User Content associated with your account after your account’s termination may not be available to you if you re-register with Indistry. Upon termination of your account, Sections 3, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 of these Terms of Service will continue in full force and effect.

30.         Fair Credit Reporting Act.  Pursuant to the Fair Credit Reporting Act (the “FCRA”), if you choose to participate in a Third Party Verification Service, it may, as part of that service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports. If you use or access information provided by a Third Party Verification Service, you warrant that you will use such information only for a purpose permitted by the FCRA and that you will comply with any and all applicable obligations of the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, as well as all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a Third Party Verification Service with any other party (either through this Program or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold harmless Indistry from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information, regardless of the cause. Indistry does not assume and expressly disclaims any liability that may result from the use of information provided by a Third Party Verification Service.