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TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

1. INTRODUCTION

Welcome to IndieFlix.com. By using IndieFlix.com you agree to be bound by the following Terms of Use. IndieFlix, Inc ("IndieFlix") reserves the right to modify or terminate these Terms of Use from time to time without notice. Please review these Terms of Use when visiting IndieFlix.com so you will be aware of any changes.

2. USER CONDUCT

You understand that IndieFlix.com is available for your personal, non-commercial use only. You agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use IndieFlix.com in any manner that could damage, disable, overburden or impair IndieFlix.com.

3. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. IndieFlix reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant IndieFlix and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant IndieFlix and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IndieFlix or its affiliates for all claims resulting from content you supply. IndieFlix has the right but not the obligation to monitor and edit or remove any activity or content. IndieFlix takes no responsibility and assumes no liability for any content posted by you or any third party.

4. PROPRIETARY RIGHTS

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by IndieFlix or any third party without obtaining prior written consent of the owner of such proprietary rights.

Copyrights. All content on IndieFlix.com, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content"), are either Copyright © 2005 IndieFlix, Inc, or are the proprietary property of IndieFlix's affiliates or licensors, and are protected by United States and international copyright laws. All rights reserved. Copyrights in the films that are sold on IndieFlix.com are held by their respective owners.

The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without IndieFlix's prior written permission.

Trademarks. All trademarks on IndieFlix.com are either trademarks or registered trademarks of IndieFlix or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IndieFlix. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of IndieFlix or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IndieFlix. Other trademarks, registered trademarks, product names, and company names or logos displayed on IndieFlix are the property of their respective owners.

5. CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION

When you register at IndieFlix.com [register], you are opting in to receive information and other materials or advertisements regarding products, services, and other offers from IndieFlix from time to time. Such solicitations may take the form of materials mailed to you, email messages, or other means of communication including automated means. Solicitations will be made to the contact information provided to us in the registration process. MORE INFORMATION REGARDING THE COLLECTION AND USE OF YOUR INFORMATION IS AVAILABLE IN OUR PRIVACY POLICY AT [privacy policy].

6. DISCLAIMER OF WARRENTY

INDIEFLIX ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF INDIEFLIX, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN.

INDIEFLIX DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INDIEFLIX OR THROUGH INDIEFLIX.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL INDIEFLIX, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF INDIEFLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

8. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

9. LINKS AND THIRD PARTY CONTENT

IndieFlix.com may provide, or third parties may provide, links to other World Wide Web resources. Because IndieFlix has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from IndieFlix.com. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from IndieFlix.com or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content.

10. PRIVACY

IndieFlix cares about the privacy of its users. By using IndieFlix.com you agree to our Privacy Policy. Click here to view IndieFlix's Privacy Policy.

11. MEMBERSHIP TERMS

Monthly memberships are billed to your credit card automatically each month and may be cancelled at any time. Annual memberships are billed at the start of the membership and auto-renew every 12 months. Renewal preferences may be changed in the "My Account" section of the IndieFlix website. To cancel your membership, please send an email request to support@indieflix.com or call 206-829-9112. We process cancellations Monday-Friday 8am-5pm Pacific Standard Time. Cancellation requests received outside of business hours, or during a U.S. holiday, will be processed on the next business day.

We do not offer partial refunds for cancelled memberships; your membership and further credit card charges will be cancelled, but viewing privileges will extend to the end of the current billing cycle.

12. GENERAL

Agreement: These Terms of Use constitute the entire Agreement between you and IndieFlix and governs your use of IndieFlix.com, superseding any prior agreements between you and IndieFlix. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. IndieFlix's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Choice of Law and Forum: By visiting IndieFlix.com, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and IndieFlix or its affiliates.

Termination: IndieFlix may terminate this Agreement, or terminate or suspend your access to IndieFlix.com at any time, with or without cause, with or without notice.

13. CONTACT US

If you have any questions about this Terms of Use Agreement, please contact us as info@IndieFlix.com.

APPENDIX A

Terms and Conditions of Sale

These terms and conditions of sale ("Agreement") apply to your purchase of products and/or services sold by IndieFlix, Inc ("IndieFlix"). By accepting delivery of any product you purchase from our site, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify IndieFlix immediately and return your purchase.

THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH INDIEFLIX, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.

Other Documents: This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and IndieFlix. If you do not receive an acknowledgement in the mail, via e-mail, or with your product, information about your purchase may be obtained by sending an email to info@IndieFlix.com.

Payment Terms; Orders; Quotes; Interest: Payment terms are within IndieFlix's sole discretion, and, unless otherwise agreed to by IndieFlix, payment must be made at the time of purchase. Payment for products may be made by credit card or debit card. Your order is subject to cancellation by IndieFlix, at IndieFlix's sole discretion. Unless you and IndieFlix have agreed to a different discount, IndieFlix's standard pricing applies. IndieFlix is not responsible for pricing, typographical, or other errors, in any offer by IndieFlix and reserves the right to cancel any orders resulting from such errors.

Shipping Charges; Taxes; Title; Risk of Loss: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by IndieFlix is IndieFlix's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify IndieFlix within ten (10) days of the date of your purchase if you believe any part of your purchase is missing wrong or damaged. You are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.

Warranties: INDIEFLIX MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-INDIEFLIX BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY INDIEFLIX "AS IS". INDIEFLIX MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN INDIEFLIX'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE ACKNOWLEDGEMENT OF ORDER. WARRANTIES WILL BE EFFECTIVE, AND INDIEFLIX WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON INDIEFLIX'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

Return Policies; Exchanges: Any returns or exchanges will be made in accordance with IndieFlix's exchange policies in effect on the date of the return or exchange. You are responsible for risk of loss, shipping and handling fees for returning or exchanging product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by IndieFlix, IndieFlix is not responsible whatsoever for product that is lost, damaged, modified or otherwise processed for disposal or resale. If you are returning all components in an order, you will be credited the full amount paid for the order. At IndieFlix's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

Limitation of Liability: INDIEFLIX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR LOSS OF BUSINESS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INDIEFLIX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, INDIEFLIX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Applicable Law: You agree to comply with all applicable laws and regulations of the various states and of the United States.

Governing Law: THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Last Updated: May 2013