Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by IndieWorkspace, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
Use of our Services requires a IndieWorkspace account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your IndieWorkspace Account
If you use our Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and IndieWorkspace may change or remove any account or workspace that it considers inappropriate or unlawful, or otherwise likely to cause IndieWorkspace liability. You must immediately notify IndieWorkspace of any unauthorized uses of your account, or any other breaches of security. IndieWorkspace will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you manage a workspace, contribute to a workspace or otherwise make (or allow any third party to make) material available (any such material, "Content") you are entirely responsible for the content of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- the Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by IndieWorkspace or otherwise.
By submitting Content to IndieWorkspace, you grant IndieWorkspace a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting it.
If you delete Content, IndieWorkspace will use reasonable efforts to remove it from IndieWorkspace, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, IndieWorkspace has the right (though not the obligation) to, in IndieWorkspace’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in IndieWorkspace’s reasonable opinion, violates any IndieWorkspace policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of IndieWorkspace to any individual or entity for any reason. IndieWorkspace will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
General Terms. Optional paid services may be available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay IndieWorkspace the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. These fees are not refundable.
Automatic Renewal. Unless you notify IndieWorkspace before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time.
Responsibility of Visitors
IndieWorkspace has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, IndieWorkspace does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. IndieWorkspace disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which IndieWorkspace links, and that link to IndieWorkspace. IndieWorkspace does not have any control over those non-IndieWorkspace websites, and is not responsible for their contents or their use. By linking to a non-IndieWorkspace website, IndieWorkspace does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. IndieWorkspace disclaims any responsibility for any harm resulting from your use of non-IndieWorkspace websites and webpages.
Copyright Infringement and DMCA Policy
As IndieWorkspace asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by IndieWorkspace violates your copyright, you are encouraged to notify IndieWorkspace in accordance with IndieWorkspace’s Digital Millennium Copyright Act ("DMCA") Policy. IndieWorkspace will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. IndieWorkspace will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of IndieWorkspace or others. In the case of such termination, IndieWorkspace will have no obligation to provide a refund of any amounts previously paid to IndieWorkspace.
This Agreement does not transfer from IndieWorkspace to you any IndieWorkspace or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with IndieWorkspace. Your use of our Services grants you no right or license to reproduce or otherwise use any IndieWorkspace or third-party trademarks, service marks, graphics, logos, etc.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. IndieWorkspace reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of our Services following the posting of any changes to this Agreement constitutes acceptance of those changes. IndieWorkspace may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
IndieWorkspace may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your IndieWorkspace account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided "as is". IndieWorkspace and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither IndieWorkspace nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the Slovakia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Bratislava, Slovakia.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bratislava, Slovakia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability
In no event will IndieWorkspace, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to IndieWorkspace under this Agreement during the twelve (12) month period prior to the cause of action. IndieWorkspace shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless IndieWorkspace, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between IndieWorkspace and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of IndieWorkspace, or by the posting by IndieWorkspace of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; IndieWorkspace may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.