Date of Last Revision: May 8, 2018
The following is a legal agreement between you (“you” or “User/s”) and the owners and operators (“we”, “us”, or “New Indie”) of the site at newindie.co (the “Website”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and New Indie to be bound by the terms and conditions in these Terms of Service (“Terms”).
“Content” shall refer collectively to all tracks available on New Indie under Creative Commons CC0. “Tracks” includes songs, samples, loops, and recordings.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
Requirements and Registration
You may use the Service only if you can form a binding contract with New Indie, and only in compliance with these Terms and all applicable laws, rules, and regulations. The Service is not available to any Users previously removed from the Service by New Indie. You may be required to register with us in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, and current information as prompted by the Service’s registration form. If you are under 18 years old, you may use the Service only with the approval of your parent, guardian, or teacher.
Use of the Service
In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith is the property of New Indie and our licensors, affiliates and partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by New Indie.
Large scale copying of Content is prohibited except as expressly authorized by New Indie. To be clear, this applies to all Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.
Tracks on New Indie are released under Creative Commons CC0. To the extent possible under law, uploaders of New Indie have waived their copyright and related or neighboring rights to these tracks. You are free to adapt and use them for commercial purposes without attributing the original author or source. Although not required, a link back to New Indie is appreciated.
You may upload Tracks to the Website, and New Indie will screen these contents to see if they are suitable for distribution.
By uploading Tracks to the Website, your works are released under Creative Commons CC0 free to use for almost any purpose, both commercial and non-commercial.
You are solely responsible for the Content you upload. You warrant that you own all proprietary rights regarding the Content, and you are obliged to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
Furthermore, you acknowledge that New Indie does not allow the upload of any Tracks that infringe on any copyright, property right, trademark, or any other applicable right.
You accept that even though we do our best to prevent it from happening, New Indie cannot be held responsible for the misuse or abuse of any Content.
We also reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease.
Indemnification for breach of Terms
You agree to indemnify and hold harmless New Indie from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless New Indie from and against any and all claims brought by third parties arising out of your use of the Website.
Warranty and liability
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEW INDIE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
NEW INDIE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR ITS CONTENT.