Indie Volt TV Terms of Usage
Overview:
Welcome to Indie Volt TV, we’re are a free “subscription” service that provides our members with access to independent film, specials and other audio-visual entertainment (“Indie Volt TV content”) streamed over the Internet to certain Internet-connected TV’s, computers and other devices (“Internet ready devices”).
You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “IndieVolt service,” “our service” or “the service” means the service provided by Indie Volt TV for discovering and watching Indie Volt TV content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Indie Volt (except for matters that may be taken to small claims court).
Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Internet ready devices, you may need to visit www.indievolt.com/TermsOfUse to review these hyperlinked terms.
1. Acceptance of Terms of Use
a. These Terms of Use, which include our Privacy Statement (www.indievolt.com/Privacy) and End User License Agreement (www.indievolt.com/EULA) (“EULA”) govern your use of the Indie Volt TV service. By using, visiting, or browsing the Indie Volt TV service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Indie Volt TV service.
b. The Indie Volt TV service is provided by Indie Volt Media, LLC., or one of its affiliated companies.
2. Changes to Terms of Use. Indie Volt may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.indievolt.com/formerterms).
3.Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
4. Communication Preferences. By using the Indie Volt TV service, you consent to receiving electronic communications from Indie Volt relating to your account. These communications may involve sending emails to your email address provided during registration, or added during an update of the service or posting communications on the Indie Volt service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Indie Volt. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Indie Volt features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Statement (www.indievolt.com/Privacy) for further detail on our marketing communications.
5.Membership, Free Trials, Billing, and Cancellation
a. Membership
i.Ongoing Membership. All Indie Volt memberships are currently free, and will continue month-to-month and automatically unless you cancel your membership (by deleting the channel/app from your internet device) or we terminate the service.
ii. Differing Memberships. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
6.Indie Volt TV Service
You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Indie Volt TV service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
The Indie Volt TV service and any content viewed through our service are for your personal and non-commercial use only. During your Indie Volt TV membership, we grant you a limited, non-exclusive, non-transferable, license to access the Indie Volt TV service and view Indie Volt TV content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view Indie Volt TV content through the Indie Volt TV service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Indie Volt TV content. The content that may be available to watch will vary by geographic location. Indie Volt TV will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH MAY BE LIMITED BY YOUR INTERNET DEVICE.
We continually update the Indie Volt TV service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Indie Volt TV content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
Some Indie Volt TV content is available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
f.You agree to use the Indie Volt TV service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Indie Volt TV service without express written permission from Indie Volt Media LLC and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Indie Volt TV service; use any robot, spider, scraper or other automated means to access the Indie Volt TV service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Indie Volt TV service; insert any code or product or manipulate the content of the Indie Volt TV service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Indie Volt TV service, including any software viruses or any other computer code, files or programs.
g.The availability of Indie Volt TV content to watch will change from time to time, and from country to country. The quality of the display of the Indie Volt TV content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD, and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Indie Volt Media LLC makes no representations or warranties about the quality of your Indie Volt TV watching experience on your display. The time it takes to begin watching Indie Volt TV content show will vary based on a number of factors, including your location, available bandwidth at the time, the Indie Volt content you have selected and the configuration of your internet ready device.
Indie Volt TV software is developed by, or for, Indie Volt Media LLC and is designed to enable streaming and viewing of content from Indie Volt TV through Indie Volt TV and Internet-ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.indievolt.com/EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE INDIE VOLT TV AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Indie Volt TV service. If your Internet-ready device is sold, lost or stolen, please deactivate the Internet-ready device. If you fail to log out or deactivate your device, subsequent users may access the Indie Volt service through your account and may be able to access certain areas of your Indie Volt account information, such as your favorites and previously viewed content. Indie Volt TV or Indie Volt media does not keep your payment information on file.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
At this time, Indie Volt does not monitor the maturity level of our Indie Volt TV content viewable by other household members and offers NO Parental Control feature, however, no hardcore/softcore pornography is allowed on the network, any particularly gory content will be accompanied by a warning before it plays.
7.Passwords and Account Access
a.The member who created the Indie Volt TV account is referred to here as the Account Owner. At this time there is no way to have various accounts on a single Indie Volt TV interface, so a download of the Indie Volt TV platform/channel is considered one account or user. Thusly no passwords are required. The Account Owner has access and control over the Indie Volt account.
b. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. At this time Indie Volt, Indie Volt Media LLC or Indie Volt TV will NEVER ask for your sensitive financial/personal information by going directly to ANY website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Indie Volt Media LLC reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Indie Volt TV is not obligated to credit or discount a membership for holds placed on the account by either a representative of IndieVolt Media LLC or by the automated processes of Indie Volt TV.
8.Disclaimers of Warranties and Limitations on Liability
a.THE INDIE VOLT TV SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INDIE VOLT TV SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. INDIE VOLT MEDIA LLC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INDIE VOLT TV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. INDIE VOLT MEDIA LLC SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, INTERNET READY DEVICES, AND INDIE VOLT TV SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b.TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL INDIE VOLT MEDIA LLC, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
d.NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
9. Gifts and Promotions. From time to time, other types of promotional items may be available, including those provided as part of a third party promotion. Promotional items may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Indie Volt Media LLC in its sole discretion. If you received a promotional code through an offer by or from a third party, additional conditions may apply.
10. Intellectual Property
Copyright. The Indie Volt TV service, including all content provided on or by the Indie Volt TV service, is protected by copyright, trade secret or other intellectual property laws and treaties.
Trademarks. Indie Volt TV is a registered trademark of Indie Volt Media LLC.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Indie Volt TV service, please notify us by completing the Copyright Infringement Claims form (www.indievolt.com/copyrights).
11.Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Michigan, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
12. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Indie Volt TV service. These Applications may import data related to your Indie Volt TV usage and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Indie Volt media LLC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY INDIE VOLT MEDIA LLC AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13.Use of Information Submitted. Indie Volt Media LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Indie Volt TV service, including the IndieVolt.com website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Indie Volt TV service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note Indie Volt Media LLC does not accept unsolicited materials or ideas for Indie Volt TV content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Indie Volt Media LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Indie Volt Media LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
14.Arbitration Agreement. If you are a Indie Volt TV user in the United States (including its possessions and territories), you and Indie Volt Media LLC agree that any dispute, claim or controversy arising out of or relating in any way to the Indie Volt TV service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Indie Volt Media LLC 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 your Indie Volt TV “usership”.
December 26th, 2017