1. In General
The following terms and conditions outline the rules and regulations for all use of INDIEDIARY.COM‘s platform, located at https://indiediary.com – including all its sub-domains and all content, services, features, activities and products available at or through the website, but not limited to, INDIEDIARY.COM (“Indie Diary”, “us” or “we”, “Website”, “platform”, “blog”, “Service”), INDIEDIARY.COM Events, mobile sites and applications (collectively, the “Services”).
By using or accessing INDIEDIARY.COM, you agree to be bound by the terms and conditions of this Agreement – which may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to it.
Do not continue to use INDIEDIARY.COM if you do not agree to take all of the terms and conditions stated on this page.
Access to INDIEDIARY.COM is permitted on a temporary basis, and we reserve the right to withdraw or amend INDIEDIARY.COM without notice.
We will not be liable if for any reason INDIEDIARY.COM is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of INDIEDIARY.COM.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offense and INDIEDIARY.COM will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software, Service and Content / License
The intellectual property rights in all materials, services and content (including photographic images) made available to you on or through this Website remains the property of INDIEDIARY.COM or its licensors and are protected by copyright laws and treaties around the world.
All intellectual property rights are reserved, unless otherwise stated.
All such rights are reserved by INDIEDIARY.COM and its licensors. You may store, print and display the content supplied solely for your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You must not:
- Republish material from INDIEDIARY.COM
- Sell, rent or sub-license material from INDIEDIARY.COM
- Reproduce, duplicate or copy material from INDIEDIARY.COM
- Redistribute content from INDIEDIARY.COM
This Agreement shall begin as of 1st July 2020.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. INDIEDIARY.COM may not filter, edit, publish or review Comments prior to their presence on the website.
Comments do not reflect the views and opinions of INDIEDIARY.COM, its agents and/or affiliates.
Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, INDIEDIARY.COM shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
INDIEDIARY.COM reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of our Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant INDIEDIARY.COM a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
5. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary to the fullest extent permitted by law – INDIEDIARY.COM and its suppliers, content providers, cloud providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
6. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.
We reserve the right to withdraw linking permission without notice.
7. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with INDIEDIARY.COM and you should not rely on the existence of such a connection or affiliation.
Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to INDIEDIARY.COM.
8. Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
9. Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
You agree to indemnify, defend and hold harmless INDIEDIARY.COM, its directors, officers, employees, consultants, agents, cloud providers, suppliers, bloggers and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees and damages) arising from your use of this Website or your breach of the Terms of Service.
INDIEDIARY.COM shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect.
So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. Entire Agreement
The above Terms of Service constitute the entire agreement between you and INDIEDIARY.COM and supersede any and all preceding and contemporaneous agreements between both parties. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the owner of INDIEDIARY.COM.