Acceptance of terms
The services that Think New Creative Solutions, Inc. (Indie Adventures) (we) provide to you aresubject to the following Terms of Use ("TOU"). We reserve the right to update the TOU at any time without notice to you, though will post in our application when a major update has been made. The most current version of the TOU can be seen by clicking on the "Terms of Use" link located at the bottom of our Web page.
Description of Services
Think New Creative Solutions, Inc. (Indie Adventures) provides you with access to a variety of resources, including sharing poetry, stories, images, essays, etc (Services). These Services, including any updates, enhancements, new features, and/or the addition of any new websites, aresubject to the TOU.
Privacy policy
We take your privacy seriously - please check out our separate privacy policy for information about the collection and use of your personal information.
No warranty or fitness for a purpose
This site and accompanying mobile application are provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitnessfor a particular purpose and non-infringement. In no event shall the Authors or copyright holdersbe liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection or dealings with the site or it's software. We will do our best to keep the application running smoothly, but make no promises aboutuptime or refunds for time while the application was unavailable to you.
We do not control or endorse the content, messages or information found in any of our Servicesand, therefore, specifically disclaim any liability with regard to the Services and any actionsresulting from your participation in any Services.
Moderators, hosts, volunteers, and managers are not authorized Indie Adventures spokespersons, and their views do not necessarily reflect those of Think New Creative Solutions, Inc. They areempowered to act, hopefully, but not necessarily in the best interests of the application and it's members.
Ownership of content
You maintain ownership and copyright to your stories, or other original works of art you upload to our database, including the right to publish it elsewhere. By uploading your digital content, you are granting us the nonexclusive right to display that material on the internet. Displaying your material to others on the internet is a form of publication, and as such you grant us therights to republish it to each visitor's browser. This right is subliscensable, in that any futureowner of our Services would maintain the right to display your content. You grant us the right to translate, summarize, publicly display, publicly perform, include in web archives such asgoogle's cache or the wayback machine, and include content in screenshots used for advertising. You also grant us the right to use your username in connection with that work. These rights areperpetual and irrevocable, until such a time as the content has been deleted from our servers.You may delete your content from the site when you wish. You are responsible for doing thisyourself, though if you have been banned, a request for work deletion will be handled within areasonable timeframe.
By submitting material such as comments, messages, bulletin board topics, bulletin board comments, and anything not a work of art covered above, you grant us the royalty-free and sublicensable right to use, modify, translate, adapt, and republish.
No compensation will be paid with respect to the use of your Submission, as provided herein. Weare under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of therights to your Submission as described in these Terms of Use including, without limitation, allthe rights necessary for you to provide, post, upload, input or submit the Submissions.
For personal and non-commercial use
Unless otherwise specified, the Services are for your personal and non-commercial use. You maynot steal, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, createderivative works from, transfer, or sell any information, software, products or services obtained from the Services. Think New Creative Solutions, Inc grants you a limited license to access and make personal useof this application, but not to download (other than automatic page caching), or use in any non-personal manner without official written permission from us. Material you post on our site(s) youmay also use elsewhere, provided you do not include any of our trademarks or copywritten content.
Images
In addition to the warranty and representation set forth above, by Posting a Submission thatcontain images, photographs, pictures or that are otherwise graphical in whole or in part("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rightsnecessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to allmembers of your private community (for each such Images available to members of such privatecommunity), and/or (b) to the general public (for each such Images available anywhere on theServices, other than a private community), permission to use your Images in connection with theuse, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Imageswithout having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images willterminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the timeyou completely remove such Images. No compensation will be paid with respect to the use of your Images.If you should go against our TOU and post material you do not own or control the copyright for, you take full responsibility for legal fees for our defense or court-awarded penalties.
We have the right but not the obligation to modify or delete content for any reason. We reserveall rights with regard to refuse service to anyone, for any reason.
Post content that is appropriate
You agree to use our site to post content that is appropriate, and by way of example, to not:
- Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rightsof privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unlessyou own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are madeavailable through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corruptedfiles, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unlesssuch Services specifically allows such messages.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as User attributions, legalor other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Applicable Law
By using our application, you agree that the laws of the state of South Carolina, without regard toprinciples of conflict of laws, will govern these Conditions of Use and any dispute of any sortthat might arise between you and Think New Creative Solutions, Inc or its affiliates.Any dispute relating in any way to your use shall be submitted to confidential arbitration in Columbia, South Carolina, except that, to the extent you have in any manner violated or threatened to violate Think New’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of South Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall beconducted under the rules then prevailing of the American Arbitration Association. Thearbitrator's award shall be binding and may be entered as a judgment in any court of competentjurisdiction. To the fullest extent permitted by applicable law, no arbitration under thisAgreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
First publication rights
Publication houses often deal in terms of "first publication rights". It is our experience thattemporary online publication does not constitute "first publication", but we make no guaranteethat any publisher you may deal with in the future will agree. By participating in this site, you release us of any responsibility for your first publication rights.
Claims of copyright infringement
As a site that posts user-submitted content, copywritten content may find it's way onto our website. If you feel something you own the copyright to has been infringed, please contact us atthe address below. We don't want anything that doesn't belong here anymore than you do, and promise to work with you in a professional manner to get the matter resolved as soon as possible.This is in compliance with the DMCA. The DMCA is the Digital Milennium Copyright Act, and in short, provides a formal method of copyright complaint, and in exchange for deleting infringing material within a reasonable amount of time, protects us from being sued for member-contributed infringing content.
This is only for notifying us that your copyrighted material has been infringed. Please include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the site (url)
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on thecopyright owner's behalf.
Send paper mail to:
Think New Creative Solutions, Inc.
Indie Adventures / Copyright Agent
400 E 5th North Street A
Summerville, SC 29483
United States