Terms and Conditions of Use & Privacy Policy

Terms and Conditions of Use

Last Revised: July 17, 2017

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

General

This website (“Site”) is owned and operated by or on behalf of Indigenous Media, LLC or its affiliates ("IM", “us”, “we” or “ours”). By accessing this Site, accessing or utilizing the content on this Site and/or registering with us, you (“User”, “you” or “your”) signify that you have read, understood and agree to be bound by these terms and conditions of use ("Terms of Use" or “Agreement”). If you do not agree to these Terms of Use, please do not use this Site.

These Terms of Use apply to this Site, to all other websites owned or operated by IM or any of its affiliates (each, an "IM Website") and to all services related to such websites (including mobile and RSS services), unless we have posted special terms of use to a particular website or with respect to a particular service. In that case, those special terms of use apply to that website or service to the extent that they are different from these Terms of Use.

Please note that these Terms of Use contains capitalized words or phrases. These words and phrases are defined terms. Their definitions are found either in our Privacy Policy, incorporated herein by this reference, or in these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add to, or remove portions of the Site or to these Terms of Use at any time and without prior notice to you and such changes or modifications shall be effective immediately upon posting them to this Site. We suggest that you review these Terms of Use periodically for changes. Your use of this Site after the posting of changes or modifications to these Terms of Use have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this as last revised. We may also offer other services from time to time that are governed by different terms and conditions of use. This Site is based in the United States. By using this Site and/or by submitting personal information to this Site, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country.

Copyright, Ownership and Restrictions on Use of Content

The content, including without limitation, the text, graphics, photographs, sounds, music, videos, programs, episodes, software, source code, interactive features audio and combined audiovisual programs, films and the trademarks, service marks, logos contained therein (collectively “Content”) are owned by or licensed to IM in perpetuity and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries and other intellectual property rights under United States and foreign laws.

No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the express written permission of IM. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement and this Agreement does not transfer ownership of any rights in and to the Content.

Anyone who displays, reproduces, copies, creates derivative works or sells our Content for commercial or non-commercial purposes without permission from IM violates this Agreement and the copyright laws and is liable for copyright infringement. Any person who uses IM's marks for commercial or non-commercial purposes without IM's permission on goods or for services is liable for trademark infringement.

If you download and/or view any Content from the Site, including any files, images incorporated in or generated by the Content, the Content shall be used for your personal, non-commercial home use only.

Email Information

The IM Site allows you to sign up to be included in the IM email list (“Email List”) for future emails related to current and future Content, services, products and various other communications (collectively “Communications”). By providing your email address, you hereby grant to IM the right to contact you regarding any Communications. If you choose to have your email deleted from the Email List, please send an email to hello@indigenousmedia.com requesting to have your email removed from the Email List.

Disclaimers

THE CONTENT ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You hereby indemnify, defend and hold IM and our affiliates, 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. IM reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IM OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF IM AND OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO IM, IF ANY, FOR ACCESSING THIS SITE.

Termination

We may terminate your access to this web site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on this Site. If you have any problems with this Site or your use of this Site or with these Terms of Use, your sole and exclusive remedy is to cease using this Site.

General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of this Site. The failure of IM to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

If you have any questions about this Agreement, please contact us via email at hello@indigenousmedia.com.

Privacy Policy

Last Revised: July 16, 2017

Indigenous Media LLC (“IM”, “we”, “us” and “our”) is the owner and operator of the website (“Site”). IM respects your privacy and the following privacy policy (“Privacy Policy”) explains how we collect, use and disclose your information when you access and utilize the Site. The Privacy Policy is only applicable to this Site and not to any other website, service or online platform. Capitalized terms that are not defined in this Privacy Policy have the meaning given then in our Terms of Use. By accessing this Site, accessing or utilizing the content on this Site and/or registering with us, you signify that you have read, understood and agree to be bound by this Privacy Policy, including the Terms of Use incorporated herein by this reference. If you do not agree to the Privacy Policy, please do not use this Site.

Our Site is offered without collecting any Personal Information from you and you can view our content without providing your personal information. You may submit your email address to be part of the IM Email List. This Privacy Policy discloses when and how we collect, use, share, and safeguard information from this Site. This Privacy Policy also explains what to do if you want to correct, change or delete information you have already provided to us for our Email List.

By using this Site, you are agreeing to the terms of this Privacy Policy, as posted in this area of the Site. As used in this Privacy Policy, "Personal Information" means any information by which a particular natural person can be an identified or is identifiable. In this case, the Personal Information would be limited to an email address to be used to send future emails related to current and future Content, services, products and various other communications (collectively “Communications”) and which is entirely optional and voluntary.

Collection of Personal Information

IM collects Personal Information from visitors to our Site from E-mail transmitted via various links on our Site and through the provision by User of user’s email address. The use of e-mail and joining the Email List is entirely optional and voluntary. If you send us an email, in which you disclose Personal Information, we will use it to discuss the subject of your correspondence. If you disclose your Personal Information in connection with the Email List, we will use it according to the terms and conditions as set forth in the Terms of Use incorporated herein by this reference.

Cookies

In order to track your use of our Site, "cookies" are employed. We use two types of cookies -- so- called "browser cookies" and "Flash cookies". Browser cookies (also called "HTTP cookies") are pieces of information that are sent by web sites and stored in your computer's hard drive, which provide you a service by allowing us to recognize your computer to save you from having to re- enter the same data every time you visit our Site. They also allow us to learn how visitors use our Site. This User data is aggregated for tracking purposes primarily by tallying pages viewed throughout our web Site and logging Internet Protocol ("IP") addresses, browser types, general geographic origin of access to our Site and similar aggregated usage data. Flash cookies (also called "Locally Stored Objects" or "LSOs") work in a similar manner to browser cookies and are also used to remember settings and preferences and to track usage. However, they relate to certain Flash content such as animation, games and videos, are stored differently on your hard drive and are managed through a different interface than the one provided by your web browser. In general, Flash cookies are more persistent and can store more data that browser cookies.

Aggregated usage data enables us to tailor our content to our visitors' interests and to help our advertisers better understand the preferences of our audience. Providing such usage data to advertisers is essential to keeping as many of our services free to visitors as is reasonably possible. This information does not reveal your identity although, in some cases, we may have to combine this non-identifiable information with Personal Information to enforce compliance with our Terms of Use or to protect our services, Site, visitors or others.

In the course of serving advertisements to the Site, our third-party advertisers may place or recognize a browser or Flash cookie on your hard drive.

If you do not want to receive browser cookies, you may set your browser to reject them. If you wish to disable or delete Flash cookies, you should consult the Help file for your Flash application. However, if you turn cookies off (whether browser or Flash cookies), you may not have access to some IM Content.

How We Use Your Information

We limit the manner in which your Personal Information is used. We will use the Personal Information you provide only in a manner that is consistent with this Privacy Policy. If you have registered with us and do not want to be contacted with various Communications in the future by IM or our advertising partners, please see Opt-Out below.

Please note that we will release your Personal Information if required to do so by law, search warrant, subpoena, court order or other legal process. IM may also disclose your Personal Information if we have a good faith belief that such disclosure is reasonably necessary to detect or prevent fraud or to protect the rights, property, health or personal safety of IM, IM employees, or the public.

IM reserves the right to transfer any Personal Information in the event we transfer all or a portion of our business or assets. If such a transfer should occur, the privacy policy of the other company may supplant our policy. However, we will use commercially reasonable efforts to try to require that the transferee uses Personal Information in a manner that is consistent with our policy.

We do not otherwise sell or provide your Personal Information to third parties.

Links to Third Party Web Sites

Our Site contains or may contain certain hyperlinks to other web sites, some of which may display IM's logos or other IM content. These web sites may have privacy policies; however, all of these web sites and their privacy policies are independent of our SITE or this Privacy Policy. IM is not responsible for compliance with other web sites' privacy policies or data collection practices. You should review these privacy policies carefully before providing any Personal Information to these web sites.

Third Party Ad Servers

Ads appearing on our Site may be delivered to you by DoubleClick, or by other third party advertising companies. Information about your visits to our Site, such as the number of times you have viewed an ad, date/time at which the ads were shown, the advertisers' cookies, and the IP address of the computer you use (but not your address or other Personal Information) is used to serve ads to you on our Site. We do not have access to the cookies that may be placed by our third party advertising companies. We share Site usage information about visitors to our Site with these companies for the purposes of managing and targeting advertisements, measuring their effectiveness, and for market research analysis on our Site. For these purposes, we and third- party advertising companies we use may note some of the pages you visit on our Site.

Opt-Out/Change Information

If you would like to opt-out from receiving any Communications from either us or our business affiliates or would like to change the email address you provided to us, send an e-mail to: hello@indigenousmedia.com, indicate your preference to: "unsubscribe," and we will promptly remove you from our list. Please be sure to include your e-mail address in the e-mail; OR, “Change email address” and provide the old email address and the new email address and we will promptly make the change.

Changes in this Privacy Policy

IM reserves the right to change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes here and we will change the "Last Updated" date at the top of this page. We encourage you to visit this area frequently to stay informed.

Contact Us

If you have any comments or questions about this Privacy Policy, please send an e-mail to: hello@indigenousmedia.com.