You may only use this site, indigoplatformstv.com, (IndigoTV), according to the Terms of Service (“Agreement”), which you accept by using IndigoTV. IndigoTV reserves the right to modify or revise this Agreement at any time at IndigoTV’s own discretion. Any modification to this Agreement as such shall be effective immediately upon being updated on IndigoTV unless stated otherwise. IndigoTV users are legally bound by any modifications or revisions, and therefore regular review of the most current version of this Agreement (at: http://IndigoPlatformstv.com/about/terms-of-use/) is highly recommended. Continued use of IndigoTV following posting of any changes or modification to these Terms of Service will represent your acceptance of any changes or modifications. In the event that you do not agree to such changes or modifications of this Agreement, you should discontinue use of IndigoTV
IndigoTV provides access to several publishing and communication tools which can be used to publish, display, perform, transmit or otherwise distribute (hereinafter “Post”) information or content provided by a user, including, without limitation, messages, photographs, audio files, video files, and live streaming video (hereinafter “Content”) on the Internet.
PERMISSION TO BROADCAST
Permission to broadcast is at the sole discretion of IndigoTV. IndigoTV is a place where broadcasters can contribute anything that makes a positive contribution in the conscious community, subject to the permission of the editors of IndigoTV.
Video on Demand (hereinafter addressed as VoD) is a venue provided by IndigoTV which allows an IndigoTV Member who has enabled use of the VoD feature to sell access to their Content to other IndigoTV Members. IndigoTV receives a Transaction Fee for each completed sale used to purchase access to such content.
IndigoTV is not a party to the transaction between the VoD Host and the buyer with respect to the sale/purchase of any Content. IndigoTV does not sell, resell or license any Content listed for sale on IndigoTV nor is IndigoTV acting as an agent of sale. VoD disclaims any responsibility for or liability related to such Content. Any questions, complaints or claims related to the sale/purchase of any Content should be directed to the appropriate VoD Host.
RESPONSIBILITIES OF THE BROADCASTER
The BROADCASTER agrees to administrate their own channel. Training is available or information can be obtained by the MANUAL tab located on the ACCOUNT DASHBOARD.
It is a violation of the TERMS OF SERVICE for a BROADCASTER to post EVENTS or VOD's with a PPV or SUBSCRIPTION fee and then not provide the actual EVENT or VOD without making specific arrangements with the site admin and their viewers for either a refund or viewer consent to an alternative service. BROADCASTER agrees and understands that no funds paid by viewers for PPV or SUBSCRIPTIONS will be released to BROADCASTER until such issues are resolved by either refunds ar arrangements wmade with viewers under the FTC regulations for delivery and fulfillment.
The BROADCASTER agrees to monitor and administer their site regularly for any abuses or irregularities or postings, and agrees to indemnify IndigoTV for unauthorized individuals attacking their channel.
Certain features of IndigoTV are only available to Members who have completed a membership application and registered a valid user name and password. Membership is available to anyone 14 years of age or older. You must be at least 18 years of age (or the minimum age of majority in your state), and able to form legally binding contracts if you wish to become a broadcaster on IndigoTV. BY becoming a broadcaster, you hereby acknowledge that you are at least 18 yrs of age and that you have the legal right to enter into the broadcaster agreement and bear the fiduciary responsibilities of the broadcaster.
Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name. IndigoTV reserves the right to cancel any Member/User account or Broadcaster/User account at any time, for any reason, in its sole discretion, without recourse.
You must have a valid email address in order to register for a user name and password on IndigoTV. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that Indigo Platform considers in its sole discretion as being inappropriate.
You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the IndigoTV website home page. You agree to notify IndigoTV of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.
This Agreement shall remain in full force while you use IndigoTV and/or are a Member or Broadcaster. You may terminate your IndigoTV membership at any time, for any reason by logging into IndigoTV and clicking the “Close My Account” Button on your “My Profile” page. You may terminate your subscription to the VoD service at any time, for any reason through your account settings page. IndigoTV may terminate your IndigoTV membership and VoD subscription, and cancel your user name for any reason with or without notifying you. In the event your membership is terminated or your user name is cancelled, IndigoTV may, without notification, delete the Content Posted by you, and you will need to re-register for a membership and obtain a new user name to gain access to any registration based service of IndigoTV. IndigoTV shall not be responsible for any losses, damages, claims and actions of any kind, either directly or indirectly related to or arising from the restriction, suspension, or termination of access to IndigoTV, cancellation of your user name, or the deletion of Content Posted by you.
PROPRIETARY RIGHTS IN CONTENT CREATED BY INDIGO PLATFORMSTV.COM (IndigoTV)
INDIGO PARTNERS owns and retains all proprietary rights in IndigoTV. The compilation of all Content on IndigoTV is the exclusive property of IndigoTV (or its partners or Licensors). Except as otherwise provided in “User Content” below, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through IndigoTV or by partners and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by IndigoTV, its Broadcaster, partners or advertisers. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from IndigoTV, its Broadcasters, partners or advertisers, individually and jointly where required.
GRANT OF LICENSE
As long as you are not in breach of any terms or conditions of this agreement, IndigoTV grants you a revocable, nontransferable, non-exclusive right and license to access and use IIndigoTV for personal, noncommercial purposes only, or to purchase or sell Content, using VoD, or from third party merchants accessible via links from IndigoTV.
By Posting Content to IndigoTV, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense that Content. If you are an IndigoTV VoD Host, you also warrant and represent that you have the right to exploit that content. You or the owner of the Content retain ownership of all right, title, and interest in Content that you Post, display, perform, transmit, or otherwise distribute on IndigoTV. However, you grant IndigoTV a license to use the Content you Post on IndigoTV until a commercially reasonable time after you have deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on IndigoTV, you are granting IndigoTV, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees the worldwide, royalty-free, sublicenseable and transferrable right to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and through any media channel in connection with IndigoTV, and IndigoTV’s (and it’s successors and affiliates) business as well as the right to use throughout the universe your professional name, likenesses, other identifications, and biographical material concerning you which you have Posted to IndigoTV, in connection with the advertising and promotion of IndigoTV and IndigoTV. This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content, and to publish, disclose and use your name in connection with your Content. You will not be compensated by IndigoTV for any Content which you Post or for the use of your name or likeness used in accordance with the above. The above licenses granted by you terminate within a commercially reasonable time after you have deleted the Content.
RESTRICTIONS ON POSTING CONTENT
You are solely responsible for all Content Posted by you and all Content Posted under your user name, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the Indigo Platform instant message service and Indigo Platform internal email service. You may use IndigoTV for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful, or constitutes “bait and switch”;(b) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (g) gives rise to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods or services, other than that which is incidental to your use of the VoD service; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (j) otherwise violates any applicable local, state, national or foreign law or regulation.
IndigoTV imposes certain restrictions on your permissible use of IndigoTV. You are prohibited from violating or attempting to violate any security feature of Indigo Platform, including, without limitation, (a) accessing Content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of IndigoTV or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using IndigoTV to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging the TCP/IP packet header or any part of the header information in any email or in any Posting using IndigoTV; or (f) attempting to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by IndigoTV in providing IndigoTV. Any violation of system or network security may subject you to civil and/or criminal liability. You also may not use IndigoTV to stalk or harass anyone, Post irrelevant Content or repeatedly Post the same or similar Content.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When using IndigoTV, you agree to obey the law and to respect the intellectual property rights of others. Your use of IndigoTV is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any infringement of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user name. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
IndigoTV reserves the right to terminate your use of IndigoTV at any time with or without cause and with or without notice to you. To ensure that Indigo Platform provides a high quality experience for you and for other users of IndigoTV, you agree that IndigoTV may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of IndigoTV. IndigoTV does not intend to disclose the existence or occurrence of such an investigation unless required by law, but IndigoTV reserves the right to terminate your account or your access to IndigoTV and to delete all Content Posted therein, with or without notice to you, and without liability to you, if IndigoTV believes that you have violated any of the Terms of Service, furnished IndigoTV with false or misleading information, or interfered in any way with the use of IndigoTV.
REPORTING CERTAIN ABUSE TO LAW ENFORCEMENT
The IndigoTV service is intended for use by a general audience including children as young as 14 years of age. Sexually explicit Content is strictly prohibited on IndigoTV. The traffic data and personal information of IndigoTV Members who Post sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws.
IndigoTV fully complies with the Congressional mandate of 42 U.S.C. § 13032, which requires us to report to the National Center for Missing and Exploited Children, the facts and circumstances relating to sexually explicit Content and other criminal offenses involving children under the age of 18 which appears on IndigoTV. This includes, but is not limited to, the Posting of sexually explicit material, (including without limitation, photos, videos, and live Webcasts) depicting children under the age of 18.
Other types of abuse and violations of our Terms of Service that may compromise the safety of our members, and which do not fall within the Congressional mandate of 42 U.S.C. § 13032 may be reported to local, national, or international law enforcement agencies in cooperation with the Virtual Global Taskforce.
NO DUTY TO MONITOR CONTENT
IndigoTV, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on IndigoTV including, without limitation, the Content of any communication that occurs on or through the IndigoTV instant message service and IndigoTV internal email service. IndigoTV reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others, but IndigoTV is not responsible for any failure or delay in removing such Content.
PARENTAL CONTROL PROTECTIONS
IndigoTV is concerned about the safety and privacy of all IndigoTV users, especially children. However, it is important to keep in mind that IndigoTV is intended for broad general use and users may find that some Content available on IndigoTV is offensive, indecent or objectionable. IndigoTV cannot be held responsible for any Content Posted by IndigoTV users which may be offensive, indecent or objectionable. While IndigoTV has established rules keeping children under the age of 14 from becoming a member of IndigoTV, it is easy for children to lie about their age and thus gain access to Content which may be inappropriate and unintended for them. It is up to parents to properly supervise their children’s on-line activities. Certain parental control protections are commercially available which can assist parents in supervising their children’s on-line activities such as computer hardware, software, and filtering services which can be used to block a child’s access to on-line services such as IndigoTV. You can find tools that will assist you in supervising your children’s on-line activities by clicking here.
IndigoTV has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on IndigoTV. IndigoTV has adopted a policy that provides for the immediate suspension and/or termination of any IndigoTV user who is found to have infringed on the rights of copyright holders, or of a third party, or otherwise violated any intellectual property laws or regulations. IndigoTV’s policy is to investigate any allegations brought to its attention. If you have any evidence, know, or have a good-faith belief that your rights have been violated and you want IndigoTV to delete, edit, or disable the material in question, you must provide us with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material such as the URL or other specific location;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail address;
(e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to IndigoTV ’s designated Agent for Notice of Claimed Infringement. IndigoTV ’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Send an email to: firstname.lastname@example.org
If you have been notified by IndigoTV that your Content has been removed (or access to it was disabled) in response to a notification of infringement, and you believe that your Content is not infringing, or that you are using the Content in a manner authorized by the copyright owner, the copyright owner's agent, or pursuant to the law, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and e-mail address. If a counter-notice is received by the Copyright Agent, IndigoTV may send a copy of the counter-notice to the original complaining party informing that person that IndigoTV may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against IndigoTV, the IndigoTV Member or user, the removed content may be replaced, or access to it restored, within a commercially reasonable time.
OTHER BUSINESSES AND LINKS TO OTHER SITES
Our websites may provide links to the websites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by IndigoTV of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. IndigoTV is not responsible for examining or evaluating, and does not warrant or claim responsibility for in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.
IndigoTV has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any Content listed for sale on IndigoTV or any business transaction that occurs as a result of Content listed for sale on IndigoTV.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A BROADCASTER OR VoD HOST OR OTHER MERCHANT LISTED ON IndigoTV, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY AGREE TO RELEASE AND INDEMNIFY IndigoTV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM ANY LEGAL RECOURSE OR LEGAL ACTION. IF YOU DO NOT AGREE TO THIS, THEN YOU MUST NOT USE THIS SITE.
IndigoTV, and Indigoplatformstv.com are trademarks of INDIGO PARTNERS.
Customer Service Tel 747-777-6420
Business Office: 818-888-3131