Terms and Conditions
This is a legally binding agreement between INDX and You that You are agreeing to enter into by virtue of Your use of the Site.
- By accepting these Terms You confirm that You are at least 13 years of age. INDX is not intended for anyone under the age of 13.
The Site is a community of trust and a tool provided by INDX to solve the problems of connecting Brands and Creative Users and facilitating an engaging dialogue between them. We take responsibility for what we have created and You agree to take responsibility for Your use of our Site whether as a Creative User who creates a Profile and Submits (as defined below) Materials (as defined below) or as a Brand. We require that You treat others with respect and do not use the Site for anything that would be deemed illegal or obscene.
In order to access the Site, and to be able to Submit Materials, You will have to create an INDX account (“INDX Account”). You may alter Your INDX Account information by logging into the Site and accessing Your settings. You agree to provide true, accurate, current and complete information about yourself when creating your INDX Account; if You provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your INDX Account and refuse You future use of the Site.
You agree not to share Your INDX Account password or let others have access to Your Account and You will not attempt to transfer Your INDX Account to anyone else. You are responsible for the activity that happens on or through Your account, so we urge You to keep Your account password secure and to always log-off when leaving Your computer or mobile device unattended. Although INDX will not be liable for losses caused by any unauthorized use of Your INDX Account, You may be liable for the losses of INDX or others due to unauthorized use. We strongly recommend that You notify us immediately of unauthorized use of Your INDX Account or of any related security breach by contacting us at hello@INDX.com.
3. OWNERSHIP OF THE SITE
The Site may contain links to third party services that are not owned or controlled by INDX. INDX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party services. In addition, INDX will not and cannot censor or edit the content of any third party service. You expressly release INDX from any and all liability both known and unknown arising from Your use of any third party service.
4. USER GENERATED MATERIALS
The term “Materials” refers to any information, data, communication, video, text, graphics, photographs, drawings, artwork, sketches, designs, sounds, music, audiovisual works and/or other contributions appearing on the Site that Users may upload or otherwise submit (collectively, “Submit”) to the Site, or view or access on the Site, including the contents of any “portfolio” created by a Creative User in connection with such User’s INDX Account.
All right, title and interest in Materials Submitted by You to the Site, to the extent it does not belong to third parties, will remain with You, subject to the licenses You make hereunder. INDX does not and will not claim any ownership over such Materials.
INDX assumes no responsibility for Materials Submitted by You or any other Users. You shall be solely liable for Materials that You Submit to the Site, including without limitation for any consequences of publishing the Materials through the Site.
You confirm that You have no expectation of privacy with regard to any Materials You may Submit to the Site, or any other communication by You made to or through the Site. Furthermore, You are aware that INDX does not guarantee the security of any information You disclose via the Site and any submission of Materials by You to the Site is made at Your own risk.
As with other Materials, INDX assumes no liability for Sponsored Content Submitted by You or any other Users of the Site, or for any product or service offered by or through Sponsored Content (“Sponsored Products and Services”). You shall be solely liable for Sponsored Content that You Submit to the Site and all elements of it, including without limitation for Sponsored Products and Services and for any other consequences of transmission of Sponsored Content through the Site.
By Submitting Materials to the Site, You are granting INDX and its agents and designees a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to host, use, copy, reproduce, distribute, display, publish, process and perform such Materials in connection with the Site and with the businesses of INDX and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Site and redistributing part or all of the Site in any and all media formats and through any and all media channels now known or later developed. Notwithstanding anything herein to the contrary, INDX (1) shall have the right to edit and make formatting changes to your Materials (such as translating them, modifying the size, layout or file type, or removing metadata), but we shall not modify the meaning of your expression, and (2) shall not include your Materials in advertisements for the products and services of third parties to others (including Sponsored Content) without your separate written consent; provided, that this shall not prevent us from serving ads near your Materials and information on the Site.
Notwithstanding any of the foregoing to the contrary, you may terminate further access by us or other Users to Your specific Materials by deleting such Materials from the Site or by terminating your INDX Account, except to the extent you shared the Materials with one or more other Users that copied, re-shared or stored it, subject to the terms hereof; provided, that portions of the Materials may be retained in INDX’s backup and other systems.
In connection with the exercise of each of the foregoing rights licensed by You, You consent to use of all of Your Materials, including, without limitation, Your résumé, artwork, sketches, designs, name, image, likeness, photograph, performance, voice, biographical details, and any other attributes of Your persona in any and all media now known or hereafter developed, including but not limited to the Internet (such as on the Site and on third party social media websites) and mobile applications, worldwide, in perpetuity; all without payment, compensation or further notification to or permission from You, except where prohibited by law.
5. ACCEPTABLE USE POLICY
You expressly agree that all Materials, including, without limitation, Sponsored Content, that You Submit will not be: (1) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringe on the copyright or any other proprietary right of any person or entity; (3) invade the privacy of any person; (4) contain a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (5) be otherwise inappropriate or unlawful.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes other than those for which the Site is intended, i.e. a Brand offering a Creative User an interview and/or an employment opportunity.
The Site is free to use for Creative Users. Brands may be required to pay certain subscription and other fees in connection with their use of the Site. The terms of such fees, if applicable, are set forth in each Brand’s individual brand agreement.
7. RIGHT TO SHUT DOWN, DENY OR LIMIT ACCESS, REMOVE MATERIALS
8. FEEDBACK FROM YOU; NOTICES FROM US
While we welcome any feedback or comments from You, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of INDX, without any compensation to You. While under no obligation to review such submissions or to keep such submissions confidential, INDX may use or redistribute any such submission and its contents for any purpose and in any way it deems fit. To provide such submissions or feedback, please email hello@INDX.com.
You consent to our providing notices to You through the Site and/or the contact information You provide to us. You acknowledge that if Your contact information is out of date, You may miss out on important notices.
9. COPYRIGHT INFRINGEMENT POLICY
INDX is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws, statutes, ordinances, rules and regulations regarding the protection of intellectual property.
If You are a copyright owner or an agent thereof and believe that any Materials submitted by another User infringe Your copyrights, You may Submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the Site are covered by a single notification, a representative list of such works that appear within the Site;
- Identification of the Materials that are claimed to be infringing or to be the subject of infringing activity and that are to be removed or access to which are to be disabled and information reasonably sufficient to permit the service provider to locate the Materials;
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
- A statement that You have a good faith belief that use of the Materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and You are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
INDX will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, INDX will act expeditiously to remove or disable access to any Materials claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to Materials or activities that are claimed to be infringing.
INDX may notify the owner or administrator of the affected Materials so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If You receive such a notice, You may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the Materials that have been removed or to which access has been disabled, and the location at which the Materials appeared before they were removed or access to them was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the Materials were removed or disabled as a result of a mistake or misidentification of the Materials to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which INDX may be found, and that You will accept service of process from the person who provided notification of allegedly infringing Materials or an agent of such person.
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: INDX, 156 5th Avenue, Suite 804, New York, NY 10010, Attn: Copyright Infringement Designated Agent, or by email to hello@INDX.com with the words “Attn: Copyright Infringement Designated Agent” in the subject line.
10. WARRANTIES AND DISCLAIMERS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
INDX EXPRESSLY DISCLAIMS (AND YOU HEREBY WAIVE):
- ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT, RESPECTING THE SITE;
- ALL WARRANTIES RELATING TO MATERIALS FROM USERS AND/OR THIRD PARTIES THAT YOU MAY OBTAIN OR ACCESS AT THE SITE.
- ALL WARRANTIES THAT SUCH MATERIALS ARE FREE OF MATERIAL THAT IS DEFAMATORY, INFRINGES COPYRIGHT, AND/OR VIOLATES THE RIGHTS OF PRIVACY OR PUBLICITY OF ANY PERSON OR ENTITY OR VIOLATES ANY LAW OR GOVERNMENTAL REGULATION.
- ALL WARRANTIES THAT:
- THE SITE WILL MEET YOUR REQUIREMENTS;
- THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU BY OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE, APPROPRIATE, OR MEET YOUR NEEDS AND/OR EXPECTATIONS.
YOUR DOWNLOADING ANY MATERIALS FROM OR THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.
YOU UNDERSTAND AND AGREE EXPRESSLY THAT INDX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, WITH OR FROM THE SITE; (iii) THE PURCHASE OR USE OF ANY SPONSORED PRODUCTS AND SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDX does not endorse, guarantee, or assume responsibility for the accuracy, efficacy, or veracity of any Materials from Users made available through the Site.
Please also note that the Site is controlled and offered by INDX from its facilities in the United States of America. The laws of other countries may differ regarding the access and use of the Site. INDX makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so on their own volition and at their own risk, and are responsible for compliance with local law.
11. LIABILITIES AND INDEMNITIES
INDX WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE, WHETHER THE CONTENT IS MATERIALS PROVIDED BY USERS OR PROVIDED OR OTHERWISE SUPPLIED BY INDX OR ANY THIRD PARTY.
13. DISPUTE RESOLUTION
No formal proceedings for the resolution of the Dispute may be commenced until the later to occur of (a) a good faith conclusion one or both of the parties that amicable resolution through continued negotiation of the matter in issue does not appear likely, or (b) the thirtieth (30th) day after the Dispute Notice is received.
Any Dispute that the parties are unable to resolve through such negotiations will be submitted prior to the fortieth (40th) day after the Dispute Notice is received, to non-binding mediation administered by the American Arbitration Association or its successor (“AAA”) in New York, New York, which mediation shall extend for up to three (3) business days. The parties will mutually select the mediator from a list of mediators obtained from the office of AAA located in New York, New York. If the parties are unable to agree on the mediator within five (5) business days after the Dispute is submitted to AAA, then the mediator will be selected by AAA.
Any Dispute that the parties are unable to resolve through negotiation and mediation as described above (including without limitation any dispute or controversy over the scope or applicability of this agreement to arbitrate) will be submitted to binding and final arbitration in accordance with the following:
The parties agree that any mediation or arbitration proceedings, testimony, or discovery, along with any documents filed or otherwise submitted in the course of any such proceedings (and including the fact that the mediation or arbitration is being conducted) shall be confidential and shall not be disclosed to any third party except to the mediators or arbitrators and their staff, the parties’ attorneys and their staff, and any experts retained by the parties, or as required by law.
Notwithstanding the foregoing, a party may disclose limited information if required in any judicial proceeding brought to enforce these arbitration provisions or any award rendered hereunder.
When INDX makes changes, it will give the date of the most recent update in this space so You can be kept abreast by visiting this page. INDX also reserves the right in its sole discretion and at any time to modify or discontinue, temporarily or permanently, the Site (or any part of it), with or without notice.