IndyCALL.org Terms and Conditions of Use & Legal Notices

Welcome to IndyCALL.org!  

The Terms and Conditions of Use ("Terms and Conditions of Use" or "Agreement") for this Web site (the "IndyCALL.org Web Site" or the "Web Site") together with the incorporated legal notices ("Legal Notices") are to ensure that you enjoy the utmost quality and service during your visit to IndyCALL.org's Web Site.

PLEASE READ THE TERMS AND CONDITIONS OF USE AND THE LEGAL NOTICES CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE AND YOU ACKNOWLEDGE THAT YOU HAVE READ THE LEGAL NOTICES AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS WEB SITE.

IndyCALL.org may revise and update the Terms and Conditions of Use and/or the Legal Notices at any time by posting the changes here. Your continued use of the IndyCALL.org Web Site means you accept and agree to the revised Terms and Conditions of Use. If you disagree with the Terms and Conditions of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.

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TERMS AND CONDITIONS OF USE

A.   Use of the IndyCALL.org Web Site
B.   Copyright Restrictions
C.   Requesting Reproduction Permission
D.   IndyCALL.org Products
E.   Limitation of Liability/Disclaimers
F.   User Representations and Warranties
G.   Comments and Submissions
H.   Links to the IndyCALL.org Web Site
I.   Links to Other Web Sites
J.   Compliance
K.   Contact
L.   Miscellaneous
M. Termination

LEGAL NOTICES

A.   Copyright Notice
B.   Trademark Notice

TERMS AND CONDITIONS OF USE

Use of the IndyCALL.org Web Site  

The IndyCALL.org Web Site is intended to be used for your lawful enjoyment.   You agree to use the IndyCALL.org Web Site only for lawful purposes.

You agree that you will not do, or attempt to do any of the following: (1) upload to or transmit on the IndyCALL.org Web Site any defamatory, indecent, obscene, harassing, excessively violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use IndyCALL.org's Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or transmit on the IndyCALL.org Web Site any advertisements or solicitations of business; (6) restrict or inhibit other visitors' use of the IndyCALL.org Web Site; (7) upload or otherwise transmit files that contain a virus or otherwise corrupted data; (8) collect information about others (including email addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the IndyCALL.org Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the IndyCALL.org Web Site); (10) post "spam", chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the IndyCALL.org Web Site, or which, as determined by IndyCALL.org, exposes IndyCALL.org or users of the IndyCALL.org Web Site to any liability or detriment of any type.

Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the IndyCALL.org Web Site, and all articles and responses to questions, other than such content provided by IndyCALL.org, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of, and are not endorsed by, IndyCALL.org. You understand and acknowledge that you are responsible for whatever content you submit, and you, not IndyCALL.org, have full responsibility for such content, including its legality, reliability, and appropriateness. Please use your best judgment and be respectful of other individuals. Do not use vulgar, abusive or hateful language. By uploading or otherwise transmitting material to any area of IndyCALL.org Web Site, you warrant that the material is your own, is in the public domain, or is otherwise free of proprietary or other restrictions and that you have the right to use such material, including by posting it to IndyCALL.org Web Site. You grant to IndyCALL.org the right to use at any time all content you upload or otherwise transmit to IndyCALL.org Web Site, and the name you submit in connection with such content, in any manner IndyCALL.org chooses, including but not limited to copying, displaying or performing, or publishing it in any format whatsoever, and modifying it, incorporating it into other material or making a derivative work based on it. You hereby waive any "moral rights" in any such content uploaded or otherwise transmitted to the IndyCALL.org Web Site.

IndyCALL.org reserves the right, but does not assume any responsibility, to (1) remove from the IndyCALL.org Web Site any material posted by you which IndyCALL.org, in its sole discretion, deems inconsistent with the foregoing commitments, including any material of which IndyCALL.org has been notified, or has reason to believe, constitutes a copyright infringement; (2) terminate your access to all or part of the IndyCALL.org Web Site. However, IndyCALL.org can neither review all material prior to transmission on the IndyCALL.org Web Site nor ensure prompt action with respect to objectionable material after it is transmitted on the IndyCALL.org Web Site. Accordingly, IndyCALL.org assumes no liability for any action or inaction regarding transmissions, communications, or other content that is provided by third parties. IndyCALL.org reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public, however, IndyCALL.org has no liability or responsibility to anyone for performance or nonperformance of the activities in this paragraph.

Your failure to comply with these provisions may result in the termination of your use of the IndyCALL.org Web Site and may expose you to civil and/or criminal liability.

Copyright Restrictions  

The materials hosted on the IndyCALL.org Web Site, including but not limited to images, photographs, audio and/or video content, illustrations, screen savers, and text are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. In addition, the IndyCALL.org Web Site as a whole is protected by copyright. You are authorized to use the materials on the IndyCALL.org Web Site for personal, noncommercial use only. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site in whole or in part without the prior written consent of IndyCALL.org, except as follows. You may store copies of such materials temporarily in RAM and may store files that are automatically cached by your Web browser for display enhancement purposes and you may print a reasonable number of pages of the IndyCALL.org Web Site for your personal use; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with IndyCALL.org or the applicable owner of such content.

Requesting Reproduction Permission

You will need written permission to reproduce material from the IndyCALL.org Web Site. You may email IndyCALL.org with your requests:

ATTN: Rights & Permissions

info@indycall.org

IndyCALL.org Products

IndyCALL.org does not currently sell any products or services.   Third party products and services are not currently sold through the IndyCALL.org Web Site.

Limitation of Liability/Disclaimers            

IndyCALL.org does not assume any liability for the content, materials, information, or opinions provided on the IndyCALL.org Web Site. Reliance on any such information is solely at your risk. IndyCALL.org disclaims any liability for injury or damages resulting from use of any information contained on the IndyCALL.org Web Site.

IndyCALL.org WEB SITE AND INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER IndyCALL.org NOR ANY PERSON ASSOCIATED WITH IndyCALL.org MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE IndyCALL.org WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER IndyCALL.org NOR ANYONE ASSOCIATED WITH IndyCALL.org WARRANTS OR REPRESENTS THAT THE IndyCALL.org WEB SITE OR THE INFORMATION PROVIDED ON THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE IndyCALL.org WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE IndyCALL.org WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. IndyCALL.org DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL IndyCALL.org OR ITS CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, IndyCALL.org WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE IndyCALL.org WEB SITE OR THE CONTENT TRANSMITTED ON THE IndyCALL.org WEB SITE OR PERSONAL INJURY, WHETHER OR NOT THERE IS NEGLIGENCE BY IndyCALL.org AND WHETHER OR NOT IndyCALL.org HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

User Representations and Warranties

You represent, warrant and covenant (a) that no materials of any kind submitted by you or IndyCALL.org's use thereof in accordance with this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old.

You agree to defend, indemnify and hold harmless IndyCALL.org, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, programming professionals and others involved in the delivery of the IndyCALL.org Web Site or the delivery of services or information over the IndyCALL.org Web Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising from your use of the IndyCALL.org Web Site or your use of any information obtained from the Web Site or from any violation by you of this Agreement.

Comments and Submissions

IndyCALL.org welcomes your comments. Click here to send email. All comments, suggestions or other information sent by you to this Web Site for internal use by IndyCALL.org or by its advertisers or business partners or in response to solicitations on this Web Site, will become IndyCALL.org's property. You agree that all intellectual property rights therein are hereby assigned, transferred, and conveyed to IndyCALL.org. You understand that any postings to publicly available portions of the IndyCALL.org Web Site are non-confidential for all purposes.

Links to the IndyCALL.org Web Site

You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of the IndyCALL.org Web Site so long as the link does not portray IndyCALL.org (or any products and services on the Web site) in a false, misleading, derogatory or otherwise offensive manner.   You may not use any IndyCALL.org trademark, logo or other proprietary graphic as part of the link without express prior written permission from IndyCALL.org.

Links to Other Web Sites

Our Web Site contains links to other Web sites operated by third parties that may be of interest to you. However, we do not and cannot control the information and content or links contained on these sites. We do not and cannot control the way in which these Web sites collect and/or use your personal information. Therefore, IndyCALL.org disclaims any liability for any third party Web site's use of your personal information obtained through using the third party Web site. Use of linked sites, including links through advertisements, is at your own risk.

Compliance

This Web Site is operated from the State of Indiana, USA. IndyCALL.org makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.

Contact

Please contact us at IndyCALL.org/info@indycall.org if you become aware of any content that you believe to be in violation of these Terms and Conditions of Use, including without limitation, claims that any content on the IndyCALL.org Web Site infringes the copyright of a third party.

Miscellaneous

This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Indiana, USA, without regard to its conflicts of law principles. The Agreement, as it may be amended from time to time, completely and exclusively states the agreement between you and IndyCALL.org with respect to the IndyCALL.org Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the IndyCALL.org Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of this Agreement or your use of IndyCALL.org Web Site shall be in the state or federal courts located in Indianapolis, Indiana. You agree to submit to the jurisdiction of such courts.

If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of this Agreement shall remain in full force and effect.

IndyCALL.org's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and IndyCALL.org nor any trade practices shall be deemed to modify this Agreement.

Termination

IndyCALL.org may in its sole discretion, and without notice to you, terminate or suspend your access to all or part of this Web Site for any reason, including without limitation, breach of this Agreement. Web Site administrators have the right to terminate use without notice if you restrict, inhibit or disrupt the activity of the IndyCALL.org Web Site or if you attempt to alter or improperly access any feature or function of the Web Site.

LEGAL NOTICES

Copyright Notice

© 2004 Creative Arts Legal League. All rights reserved. This Web Site and the materials on this Web Site, including but not limited to images, photographs, audio and/or video content, screen savers, illustrations, and text, are the property of IndyCALL.org and may not be reproduced, distributed, publicly displayed, or otherwise used, except with express written permission of the Creative Arts Legal League.

Trademark Notice

"IndyCALL.org," "C.A.L.L.," "Creative Arts Legal League" and related terms, names, designs, slogans and logos are service marks of the Creative Arts Legal League. All other product and service marks on this Web Site are the trademarks of their respective owners.