Terms of Use

Welcome to IndiePix Unlimited, an online subscription service providing our members with access to motion pictures and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV's, computers and other devices. We've put together here some detailed terms and conditions. You should read and understand them as they are the legal contract that governs your use of our service. These Terms of Use, however, are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We hope you enjoy your IndiePix Unlimited experience.



Acceptance of Terms of Use


These Terms of Use govern your use of the IndiePix Unlimited service, including all features and functionalities, streaming, our website and user interfaces, and all content and software associated therewith (the "IndiePix Unlimited service" or "service"). By using, visiting, or browsing the IndiePix Unlimited service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the IndiePix Unlimited service, including our website and user interfaces.



These Terms of Use are an ongoing contract between you and Independent Film Development Group, LLC and apply to your use of the IndiePix Unlimited service as made available in the U.S. They affect your rights and you should read them carefully. Different terms, conditions and limitations may apply to the IndiePix Unlimited service available in other jurisdictions.



Changes to Terms of Use


IndiePix Unlimited reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the IndiePix Unlimited website. The most current version of the Terms of Use will supersede all previous versions.



Privacy and Communications Preferences


Any personally identifying information submitted through the IndiePix Unlimited service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By agreeing to these Terms of Use, you are consenting to receive certain communications from us. For example, IndiePix Unlimited may send you newsletters about new IndiePix Unlimited features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply contact us. Please review our Privacy Policy for further detail on our marketing communications.



Membership and Billing


You can find the specific details regarding your membership with IndiePix Unlimited at anytime by visiting our website and clicking on the "Account" link.



Free Trials


Your IndiePix Unlimited membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. If you or another member of your household has been an IndiePix Unlimited member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid Payment Method to use our service.



We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD.



We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime.
We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).



Billing


By starting your IndiePix Unlimited membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate corresponding to your enrollment plus any applicable tax, and any other charges you may incur in connection with your use of the IndiePix Unlimited service, to the Payment Method you provided during registration (or to a different Payment Method if you change your account information).



Please note that prices and charges are subject to change. You will be advised of any increase or decrease in the price of your service, and you will have the option to continue at your current rate or a different rate as may be offered by IndiePix Unlimited.



As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership.



We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include changes in the amount of applicable sales tax and other external charges not part of the IndiePix Unlimited service you signed up for, and you authorize us to charge your Payment Method for such varying amounts.



If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial portion. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.



At any time, and for any reason, we may provide a refund, discount, bonus, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.



We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Account" button. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.



Ongoing Membership


Your IndiePix Unlimited membership, which may start with a free trial portion, will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee at your current subscription rt rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.



Cancellation


You may cancel your IndiePix Unlimited membership at anytime, and cancellation will be effective as of your next billing cycle. You will continue to have full access as defined by your membership terms until the end of your billing cycle. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES. To cancel your membership, visit our website and click the words "Cancel Membership" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership."



Right to Terminate


We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.



How Our Service Works


IndiePix Unlimited is an online subscription rental service providing its members with access to movies streamed over the Internet. We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments and improvements to our service and often these adjustments are not completely captured within these Terms of Use.



Unlimited Streaming


Our instant streaming functionality allows you to instantly watch movies on a IndiePix Unlimited ready device. The availability of movies to instantly watch will change from time to time. The quality of the display of the streaming movies may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.



You are responsible for all Internet access charges. Please check with your Internet provider for information on possible usage based data charges. IndiePix Unlimited makes no representations or warranties about the quality of your instant watching experience on your display. Streaming movies may not contain all the same features you will find on a DVD-version of the same titles, such as bonus features, language selection, and captions.



Member Reviews


We permit you to post reviews and ratings of movies available through the IndiePix Unlimited service. We do not regularly review the content posted on the IndiePix Unlimited website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the movie's or creative personnel; misleading information regarding the origin of the content; or a discussion of IndiePix Unlimited policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason.



WHEN YOU HAVE SUBMITTED A REVIEW, WE WILL DISPLAY YOUR RATINGS OF MOVIES AND YOUR CITY AND STATE LOCATION GIVEN AT SIGN UP. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF A MOVIE, AND YOUR CITY AND STATE TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE INDIEPIX UNLIMITED SERVICE. IF YOU DO NOT WANT YOUR REVIEWS, RATINGS, CITY AND STATE TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW FEATURE.



Anyone who participates in the Review feature is automatically given an anonymous screen name ("nickname") to represent them in public. We supply this pseudonym on your behalf so that any presented information is not personally identifiable. YOU ALWAYS HAVE THE OPPORTUNITY TO UPDATE THIS AUTOMATIC PSEUDONYM WITH A PSEUDONYM OF YOUR CHOICE, OR EVEN SUPPLY YOUR REAL NAME, BUT BY DOING SO YOU ARE CHOOSING TO DISCLOSE YOUR IDENTITY IN CONNECTION WITH YOUR REVIEWS AND RATINGS AND OTHER FORMS OF PERSONAL INFORMATION ON OUR WEB SITE.



The Reviews feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.



Passwords


The member who created the IndiePix Unlimited account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access to and control over the IndiePix Unlimited account.



The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting IndiePix Unlimited Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address if they use PayPal as their payment method.
BY SHARING THE INDIEPIX UNLIMITED SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.



Applications


You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the IndiePix Unlimited service. These Applications may import data related to your IndiePix Unlimited account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and IndiePix Unlimited is not responsible for and does not endorse the content of such Applications. (To avoid uncertainty in references, note that such Applications may include Facebook and other social network login procedures, now and in the future developed to facilitate interaction between network services.)



You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your IndiePix Unlimited account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your IndiePix Unlimited account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if IndiePix Unlimited has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold IndiePix Unlimited harmless for the sharing of information relating to your IndiePix Unlimited account that results from your use of an Application.



You must read all log-in boxes and other pop-up boxes closely for notices about sharing your IndiePix Unlimited account information with, through or by any other means identified on an Application. In addition, the Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your IndiePix Unlimited account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by IndiePix Unlimited. While these Applications may utilize IndiePix Unlimited trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application.



Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not IndiePix Unlimited, unless otherwise indicated by IndiePix Unlimited. INDIEPIX UNLIMITED DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.



Account Access; Identity Protection


In order to provide you with ease of access to your account and to help administer the IndiePix Unlimited service, IndiePix Unlimited implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the IndiePix Unlimited service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.



If you find that you're a victim of identity theft and it involves a IndiePix Unlimited account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the IndiePix Unlimited website and not through a hyperlink in an email, even if it looks official. IndiePix Unlimited reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. IndiePix Unlimited is not obligated to credit or discount a membership for holds placed on the account by either a representative of IndiePix Unlimited or by the automated processes of IndiePix Unlimited.



Disclaimers of Warranties and Limitations on Liability


THE INDIEPIX UNLIMITED SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INDIEPIX UNLIMITED SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE INDIEPIX UNLIMITED SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. INDIEPIX UNLIMITED DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INDIEPIX UNLIMITED SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT INDIEPIX UNLIMITED MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE INDIEPIX UNLIMITED SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. INDIEPIX UNLIMITED SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND INDIEPIX UNLIMITED SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).



Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) content contained on or defects from the IndiePix Unlimited service, including damage or glitches occurring; (ii) errors or omissions in the content delivered by the IndiePix Unlimited service or on the IndiePix Unlimited website or user interfaces; (iii) recommendations or advice of Customer Service; (iv) any failures, delays, or interruptions in playback (v) any failure or interruption in the availability of the IndiePix Unlimited service and/or website or user interfaces; (vi) delivery and or display of any content contained on the IndiePix Unlimited website, user interfaces, or otherwise through the IndiePix Unlimited service; and (vii) any losses or damages arising from the use of the content provided on the IndiePix Unlimited website, user interfaces, or otherwise through the IndiePix Unlimited service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, or any conduct by users of the IndiePix Unlimited service, website or user interfaces.



TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.



In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on movies from the IndiePix Unlimited service or the descriptions of any movie content contained on our website or user interfaces. We do not represent or guarantee that your use of the IndiePix Unlimited service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon IndiePix Unlimited or its affiliated parties.



IN NO EVENT SHALL INDIEPIX UNLIMITED, OR ITS SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INDIEPIX UNLIMITED SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE INDIEPIX UNLIMITED SERVICE, INDIEPIX UNLIMITED SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INDIEPIX UNLIMITED SERVICE.



IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE INDIEPIX UNLIMITED SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN.



THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.



INDIEPIX UNLIMITED MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE COMPATIBILITY OF YOUR DEVICE WITH OUR SERVICE.



Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our service.



Intellectual Property


Copyright


The IndiePix Unlimited service, including all content included on the IndiePix Unlimited website and user interfaces, or delivered to members as part of the service you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of IndiePix Unlimited or its suppliers and are protected by United States and international copyright laws or other intellectual property laws and treaties.



The compilation of all content and any software or other materials provided by IndiePix Unlimited on our website and user interfaces, or in connection with the IndiePix Unlimited service are the exclusive property of IndiePix Unlimited and its licensors and are protected by the copyright and trade secret laws in the territories in which the IndiePix Unlimited service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from IndiePix Unlimited or its suppliers.



You agree to adhere to the restrictions set forth under "IndiePix Unlimited streaming software" and "Limitations on Use." You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the IndiePix Unlimited service, not to insert any code or product or manipulate the content of the IndiePix Unlimited service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.



IndiePix Unlimited reserves the right to terminate your membership hereunder if IndiePix Unlimited, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the IndiePix Unlimited software restrictions, copying of movies provided to you by us, the or the copying or other unauthorized use of our proprietary content. IndiePix Unlimited does not promote, foster or condone the copying of movies or any other infringing activity. The use of the IndiePix Unlimited service, including movies made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the IndiePix Unlimited service, including any on the IndiePix Unlimited website or user interfaces.



Entertainment and Service Content


We distribute movies and other filmed entertainment and we reserve the right to display and promote the filmed entertainment or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the IndiePix Unlimited service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the IndiePix Unlimited service are those of the respective authors or producers and not of IndiePix, or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall IndiePix, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the IndiePix Unlimited service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the IndiePix Unlimited service.



Use of Information Submitted


IndiePix Unlimited is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the IndiePix Unlimited service, including the IndiePix website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the IndiePix Unlimited service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.



Please note IndiePix does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to IndiePix Unlimited. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against IndiePix and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.



Service Testing


From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies and TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.



Electronic Communications


By using the IndiePix Unlimited service, you consent to receiving electronic communications from IndiePix. These communications will include notices about your account (e.g., shipping and receiving, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with IndiePix and you receive them as part of the IndiePix Unlimited membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.



Customer Service


If you need assistance with your account, you may find answers and reach Customer Service at any time at IndiePix Unlimited.



Your Conduct in Accessing the IndiePix Unlimited Service


By accessing the IndiePix Unlimited service, including the IndiePix Unlimited website and user interfaces, you agree to use the IndiePix Unlimited service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the IndiePix Unlimited service. You also agree not to interfere with the servers or networks connected to any portions of the IndiePix Unlimited service or to violate any of the procedures, policies or regulations of networks connected to the IndiePix Unlimited service. You also agree not to impersonate any other person while using the IndiePix Unlimited service, conduct yourself in a vulgar or offensive manner while using the IndiePix Unlimited service, or use the IndiePix Unlimited service for any unlawful purpose.



Limitations on Use


You must be 18 years of age or older to become a member of the IndiePix Unlimited service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use. While IndiePix does distribute products that may be watched by children, we do not intentionally seek to collect information from individuals 13 years of age and younger (see also "Parental Controls"). Unless otherwise specified, the IndiePix Unlimited service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the IndiePix Unlimited service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the IndiePix Unlimited website without our express written consent. IndiePix Unlimited does not promote, foster or condone the copying of movies and digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the IndiePix Unlimited service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IndiePix Unlimited without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the IndiePix Unlimited name or trademarks without our express written consent. Any unauthorized use of the IndiePix Unlimited service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.



Links and Pages


Some of the hyperlinks on the IndiePix Unlimited website may lead to other websites or Applications that are not controlled by, or affiliated with, IndiePix Unlimited. In addition, other websites may link to the IndiePix Unlimited website or IndiePix Unlimited may include links to the websites of businesses, including those that have associations with us through certain programs. For example, IndiePix Unlimited may include pages that display and provide information on Applications, IndiePix Unlimited ready devices or other products. These pages may provide links to third party sites where IndiePix Unlimited members may obtain or purchase such Applications and devices. IndiePix Unlimited has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that IndiePix Unlimited is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "How Our Service Works."



Disputes; Governing Law


These Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of laws provisions. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.