TERMS AND CONDITIONS

Terms of Use.  Indie Roar.com Terms Of Use: Updated   September 15, 2009

Welcome to Indie Roar.com, owned and operated by Indie Roar LLC (“Indie Roar”, “us”, “we”, or “its”).  When you browse or access www.indieroar.com (the "Website" or “Site”) and any services provided by Indie Roar through the Site, including, but not limited to applications or content (“Services"), you are accepting all of the terms and conditions posted herein.  All of the Services and content made available through this Site are maintained by Indie Roar LLC, secondary affiliates, or related entities. PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING THE SERVICES ON OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT, AND DO NOT USE OUR SERVICES.

By using the Site or Services, you represent and warrant that: (i) all required information you submit to Indie Roar is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are thirteen (13) years of age or older; (d) your use of the Services does not violate any applicable law or regulation.

If you are not yet 13 years old, do not use the Site or Services.  By using the Site or Services you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all the terms and conditions of the Terms of Use, the Festival, Indie Roar Copyright Notice and Privacy Policy, and you agree to be legally bound by such.  If you are at least 13 but not yet 18 years of age please have your parents or legal guardian review the Terms of Use, the Festival, Indie Roar Copyright Notice and Privacy Policy with you, discuss any questions you might have, and give you their permission to register and use the Site and Services with both your and their full understanding of the Terms of Use, the Festival, Indie Roar Copyright Notice and Privacy Policy.  By using the Site and the Services you are representing and warranting that you and your parent or guardian have assented to the terms of the Terms of Use, the Festival, Indie Roar Copyright Notice and Privacy Policy.  If you are a parent or guardian, you are advised to exercise supervision over your children's online activities. If you do not agree to the Terms of Use, the Festival, Indie Roar Copyright Notice and Privacy Policy, then do not let your child use the Site or Services.  If you are the parent or guardian of a child under 13 and believe that he or she is using the Site or Services, please contact us at ParentalNotice@IndieRoar.com.

Your account with Indie Roar may be deleted without prior notice if Indie Roar has reason to believe that you do not meet eligibility requirements.

Agreements.  By using the Site, you are agreeing to all Terms of Use. You are agreeing not to post any information that is unlawful, vulgar, obscene, fraudulent, or infringes upon any third party’s intellectual property. You are agreeing not to exchange software or information that may contain a virus, or other harmful content. You are agreeing not to restrict any members from using the services on this site, and you may not exchange or electronically transmit anything that you download from this site. The unauthorized use of information such as, but is not limited to, images, content, audio and video, and proprietary logos, may violate trademark laws, copyright laws, privacy laws, and state and federal laws. By using this site you are agreeing to abide by all of the rules and regulations. You may not use this site for any unlawful purpose. Any sentences containing the words "our," "we," or "us" are referring to Indie Roar LLC and its affiliates.

Your account with Indie Roar may be deleted without prior notice if Indie Roar has reason to believe that you do not meet eligibility requirements.

Ownership.  This site is owned and operated by Indie Roar LLC, a company that has agreements with partners, advertisers, and licensors. The United States Trademark, Copyright Laws, and other applicable laws protect the content on this site, and is the property of Indie Roar LLC.  All logos, patents, trademarks, screenplays, artwork, and titles are under the protection of proprietary laws.  By using our site, you will not gain ownership of trademarks from either Indie Roar LLC, or the trademarks of any of our affiliates. If you do not agree with any portion of our Terms of Use, refrain from using our site.

Indie Roar LLC is allowing you to access our Festival through the convenience of your computer. Although you retain ownership of your computer, you gain no ownership of the contents viewed, transmitted, or downloaded from our site.  Indie Roar LLC is the sole owner of the personally identifiable information that our members entrust in our company. Information such as your name, password, and email address will remain confidential. However, the information posted on our feedbacks/comment forum; Indie Roar Blog; Filmmaker Blog; About Filmmaker; Cast List; Cast Info, is accessible to all IndieRoar.com members AND THE GENERAL PUBLIC AS WELL. We are not responsible for any damages that may occur through any misuse of this information. Indie Roar LLC has the right to share all of the non-personally identifiable information that we own, with current or future partners and other affiliates, solely by means of strengthening our marketing techniques.

You must have all of your music, and all other materials cleared and have signed releases from all talent and copyright holders in order for us to display your film through the Indie Roar Online Film Festival. All releases must be available upon request within five days of notification.  Failure to present releases within five days will result in forfeiture of account.  The Online Film Festival is void outside of IndieRoar.com and where prohibited by law. Indie Roar LLC may compose a compilation DVD of all entries, and any future agreements regarding distribution of individual films are at the mutual option of Indie Roar LLC and the copyrighted owner(s) of the individual films.

Permissions.  By participating in this Festival, you agree that Indie Roar LLC and its partners, advertisers, and licensors engaged to implement this Online Festival are authorized to display the films on the Indie Roar LLC site.  Finalists also agree that Co-Sponsors, with the expressed written permission of Indie Roar LLC, are authorized to display the films on websites owned or operated by or on behalf of any Co-Sponsors.

By participating in this Online Film Festival, you grant permission to Indie Roar LLC and its sponsors to use their names, likenesses, photographs, voices, sounds and/or biographical information, and films in connection with the Festival and for any and all advertising, publicity, and promotional purposes relating to the Online Film Festival without additional compensation, unless prohibited by law.

Forums.  All Indie Roar Members are encouraged and welcome to submit and post messages through our Indie Roar Blog, Filmmaker Blog, Indie Film Forum and other areas. Indie Roar LLC will not filter the information that is transmitted through these areas. We will review the information posted on a weekly basis, and we reserve all rights to delete any threads, at any time, for any reason. When using these areas you are agreeing that the subject matters under discussion are in relation to the purpose of the services provided on our site. Indie Roar LLC holds no liability if it has been determined that your message has been restricted.  IF YOU ARE UNDER 13, YOU ARE NOT PERMITTED TO POST ANY INFORMATION OR OPERATE THIS SITE.

Billing.  We are not liable for any damages that may take place during the ordering process. Your personally identifiable information will remain confidential and if a problem occurs during these procedures, our agents have the right to contact you directly. After ordering a product, or service through our partners or us, legal action will result upon refusal of payments. Although the non-aggregate information you submit to Indie Roar LLC stays confidential, we advise you to read the privacy policies and terms of use from our partners’ sites before ordering a product.

Links.  This site includes links that navigate to websites belonging to our partners, affiliates, advertisers and other contestant pages. These links are available to you, through us, for your convenience. Indie Roar LLC does not endorse or approve of any of the services or contents made available to you, through these sites. Our members and visitors are advised to review the terms of use and privacy policies, before using any sites linked from the Site. Accessing these sites is done solely at your own risk.

Privacy Policy.  The protection of your personal information is a priority of Indie Roar LLC, a company that is committed to our users’ privacy. To review the uses of this information in its entirety, please thoroughly comprehend our Privacy Policy.

Communications.  You are in agreement with Indie Roar LLC that your actions on our site, without limitation to, the submission of messages or materials, will not create any criminal offenses. Such offenses that cause Indie Roar to lose any suppliers or partners (with given rise to civil liability for Indie Roar LLC, local, state, or national laws) are unlawful. You are in agreement that your activities on the site will not infringe upon the material that Indie Roar LLC owns, and operates, and you will not transmit any information that Indie Roar LLC considers as being disruptive, threatening, sexually explicit, obscene, or hateful.

You are in agreement that claiming the identity or portraying the identity of another person, or inaccurately depicting your relationship with a person, is unlawful. If your messages contain any viruses, or other components that may damage the usual flow of communication, you are in violation of agreements to Indie Roar LLC. Your messages transmitted may not invade the privacy of any other parties, or invade publicity rights.

Disclaimers.  All information and services provided on this site are available without warranties, either expressed or implied. We do not warrant that downloads from our site will be error-free, free of viruses, harmful components, or that they will be uninterrupted. Indie Roar LLC holds you responsible for obtaining the correct software to access our site, and we are not responsible for any costs relating to this. The use of our services is at your own risk.  THE INFORMATION AND SERVICES ARE PROVIDED 'AS IS'.  WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  FURTHER, WE DO NOT WARRANT RESULTS OF USE OR THAT THE PRODUCT IS BUG FREE OR ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED.  YOU BEAR ENTIRE RISK AS TO SELECTING THE SOFTWARE, WEBSITE, OR SERVICES FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE, WEBSITE OR SERVICES. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  ALL THE FOREGOING DISCLAIMERS ALSO APPLY IN FULL WITH RESPECT TO INDIE ROAR’S LICENSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS AND AGENTS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Infringement, Copyright, and Trademark Claims and Procedures.  By using our site and our child sites, you agree that you do not have the right to infringe upon the property of Indie Roar LLC, by modification, solicitation, editing, publishing, broadcasting, or by any other means. If you have credible evidence that an idea is infringed and displayed through our Film Festival and you are the rightful owner, or given the authorization to act on their behalf, please follow the instructions in our Indie Roar Copyright Notice.

Limitation of Liabilities.  Indie Roar LLC does not warrant that the services and functions on this site are free from error. We do not warrant the materials posted on our site for accuracy, reliability, or the correctness of our content.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL INDIE ROAR, LLC BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION.  INDIE ROAR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO INDIE ROAR (IF ANY), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE INDIE ROAR'S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW.  ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF INDIE ROAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  ALL THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO INDIE ROAR’S SUPPLIERS, LICENSORS, DISTRIBUTORS, CONTRACTORS AND AGENTS.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Indemnification.  You are in agreement that you will indemnify, and that you will be held responsible for all legal costs that may arise in the result of the violation of any agreements with Indie Roar LLC. You agree that you will not hold Indie Roar LLC or our partners liable to any damages, claims, costs, or expenses that may arise resulting from any infringement allegations, or from navigating our site.

Miscellaneous.  All headings, titles, and captions in this agreement are only for your personal conveniences, and do not thoroughly describe the information in the paragraphs. Indie Roar LLC has constructed these terms to coincide with the laws of the state of California, without offering any outcome to any standards or conflicts of law. If any of our Terms are deemed void, unlawful, or unable to be enforced, they will not affect the validity and enforceability of all other remaining Terms of Use. Any action arising out of these terms, will be filed in Federal or State Courts, Courts of the County of Los Angeles, California, and submitted for jurisdiction, for the intent of disputing any such actions. The use of this site symbolizes your agreement to all of the Terms of Use that Indie Roar LLC has provided for you. We advise you to carefully read each statement, and we advise that if you are unclear on any topic, to first contact us before using our services.

Modification.  Indie Roar LLC reserves the right, at its sole discretion, to modify the Festival, Terms of Use, Website, Site or Services at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Festival, Website, Site or Services by you following such notification constitutes your acceptance of the terms and conditions of the Festival, Terms of Use, Website, Site or Services as modified.

Termination.  Indie Roar LLC reserves the right to terminate your access to our site, at our discretion, with, or without any forewarning.