Indie Nation's Terms & Conditions of Use

Welcome to IndieNation.com. PLEASE READ THESE TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is provided by Indie Nation as a service to its customers. By accessing or using the Indie Nation websites or services, or the mobile versions of either, (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms & Conditions of Use ("Terms of Use", "Terms and Conditions" or "Agreement") and any other applicable law, whether or not you are a registered member of Indie Nation. Indie Nation may change these Terms & Conditions of Use at any time without notice, effective upon its posting to the website. You agree to review these Terms & Conditions of Use regularly to make yourself aware of any changes. Your continued use of the website shall be considered your acceptance of the revised Terms & Conditions of Use. If you do not agree to these Terms & Conditions of Use, please do not use the website.

WEBSITE USE RESTRICTIONS

The content of the IndieNation.com Website, and the Website as a whole, are intended solely for the personal, non-commercial use by users of the Website to participate in or to place an order or purchase Indie Nation products. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media without first obtaining written consent from Indie Nation, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any content or materials is transferred to you as a result of any such activities. Indie Nation reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the intellectual property or content appearing on the Website, including User Generated Content (defined below), without first obtaining written consent from Indie Nation, unless it is your own User Generated Content that you legally post on the Website. Nothing in these Terms & Conditions of Use shall be interpreted as granting any license of intellectual property rights to you.

COPYRIGHT

The entire content included on and in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Indie Nation. The collective work includes works that are licensed to Indie Nation. Copyright 2009, Indie Nation ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Indie Nation or purchasing Indie Nation products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Indie Nation or to purchase Indie Nation products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Indie Nation. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARK NOTICE

This site includes registered trademarks and trademarks that are the subject of pending applications or which are otherwise protected by law including, but not limited to the word Indie Nation and the Indie Nation logo. Unless otherwise indicated, they are owned by Indie Nation and governed by state and federal law in Australia.

COLOURS

Colours of the products shown are displayed as accurately as possible on the IndieNation.com Website. However, because the colours you see will depend on your monitor, Indie Nation cannot guarantee that your monitor's display of any colour will be accurate.

CORRECTION OF ERRORS AND INACCURACIES

The information of the IndieNation.com Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your IndieNation.com purchase you may return it with the original IndieNation.com packing receipt. Please see our Returns & Exchange Policy.

PRODUCT ORDERS

All orders placed through the Website are subject to Indie Nation's acceptance. This means that Indie Nation may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Indie Nation will issue you a refund.

GIFT CARDS.

Indie Nation Gift Cards are only redeemable for merchandise from the Indie Nation website – www.indienation.com. Indie Nation Gift Cards expire 1 year from date of purchase. Indie Nation Gift Cards are not redeemable for cash. Indie Nation Gift Card values are valued at the denominated value that appears on the card in Australian Dollar only. Upon redemption, any unused balance will be carried over for future purchases and is not exchangeable for cash. When shopping online, if the order total is more than the gift card amount, the remaining balance must be paid for by credit card. Indie Nation Gift Cards will not be replaced if lost or stolen without proper proof of purchase. Sales tax, where applicable, will be applied at the time of redemption. We reserve the right to refuse, cancel or hold for review gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination, or for other violations of gift card policies. Indie Nation Gift Cards cannot be used to buy other Gift Cards.

SHIPPING.

Indie Nation uses Australia Post for shipping of all orders. Indie Nation recommends that all items are purchased using a traceable shipping method. For peace of mind and to ensure items are traceable during transit, please ensure to use Registered International or Express Courier International for international orders and Registered Post or Express Post for domestic orders. Indie Nation will not be responsible for lost or misdirected packages where orders are purchased using standard shipping only. Delivery times stated are estimates only and delays may be experienced subject to customs clearance. For more information about shipping, please click click here.

PROTECTION OF YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your Indie Nation account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Indie Nation immediately of any unauthorized use of your Indie Nation account. Indie Nation is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, opinions photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content and other submissions disclosed, submitted or offered to Indie Nation on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") and shall be and remain Indie Nation property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Indie Nation of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Indie Nation will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Indie Nation is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT

BE RESPONSIBLE.

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Indie Nation or its users to any harm or liability of any type.

BE RELEVANT AND CONSTRUCTIVE.

Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don't talk about policies, future products, speculations or rumors about Indie Nation and Indie Nation products, or anything else off topic.

BE COURTEOUS AND APPROPRIATE.

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Indie Nation's sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Website user or person.

BE PRIVATE.

Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

BE PERSONAL.

The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Website.

BE YOURSELF.

Do not impersonate any person or entity, including without limitation artists, designers, photographers, Indie Nation representatives or Indie Nation employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Indie Nation account, register an Indie Nation account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

BE ORIGINAL.

You promise that you own or control all rights in any User Generated Content that you post on the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Indie Nation the entire license rights granted in these Terms & Conditions of Use.

BE LEGAL.

Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.

GENERAL RULES FOR USER GENERATED CONTENT

CONTENT IS NOT PRE-SCREENED

Indie Nation does not guarantee to prescreen User Generated Content. Indie Nation does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Indie Nation is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Indie Nation chooses to monitor any User Generated Content, Indie Nation assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Indie Nation reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any or no reason.

ELIGIBILITY AND REGISTRATION

To become a member of the INDIE NATION Website, or post User Generated Content, you must register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Website. This Website is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms & Conditions of Use for anyone under 13 to register for the Website. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian's permission to register for the Website and post User Generated Content.

INDIE NATION'S RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Indie Nation a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

COMPLAINTS

Immediately notify Indie Nation in writing of any objectionable content appearing on the Website. Indie Nation will make good faith efforts to investigate allegations that any User Generated Content violates these Terms & Conditions of Use but makes no promise that it will edit or remove any specific User Generated Content.

NOTICE

IndieNation.com may deliver notice to you by means of electronic mail, a general notice on the Website, or by written communication delivered by mail to your address on record in IndieNation.com account information.

ENFORCEMENT OF TERMS & CONDITIONS OF USE

By accessing and using the IndieNation.com Website, you agree that your access to and use of the IndieNation.com Website is subject to these Terms & Conditions of Use, as well as all applicable laws, as governed and interpreted pursuant to the laws of Australia.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Indie Nation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these Terms & Conditions of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD PARTY LINKS

In an attempt to provide increased value to our visitors, Indie Nation may contain various third-party web site links from its own site. However, even if the third party is affiliated with Indie Nation, Indie Nation has no control over these linked web sites, all of which have separate privacy and data collection practices, independent of Indie Nation. Indie Nation has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, Indie Nation seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its Website, but for web sites it links to as well (including if a specific link does not work).

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other Website users, whether online or offline in person. Indie Nation is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. Indie Nation is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

THIS WEBSITE AND THE MATERIALS AND PRODUCTS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIE NATION DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. INDIE NATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INDIE NATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

INDIE NATION SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF INDIE NATION HAS BEEN ADVISED OF THE POSSIBILITY OF 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.

MISCELLANEOUS

You agree that this Website shall be deemed a passive website solely based in Australia, which does not give rise to personal jurisdiction over Indie Nation in jurisdictions other than Australia. You agree that this Website, Terms & Conditions of Use, Privacy Policy and any dispute between you and Indie Nation shall be governed in all respects by Australian law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Indie Nation products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New South Wales, Australia. You consent to waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New South Wales, Australia. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Indie Nation products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from Indie Nation. You agree that any notice, agreement, disclosure or other communication that Indie Nation sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Indie Nation¡¯s failure to insist upon or enforce strict performance of any of these Terms & Conditions of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms & Conditions of Use. Indie Nation may assign its rights and duties under this Agreement to any party at any time without notice to you.

TERM; TERMINATION

These Terms & Conditions of Use are applicable to you upon your accessing the Website/ or completing the registration or shopping process. Indie Nation reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. These Terms & Conditions of Use, or any of them, may be terminated by IndieNation.com without notice at any time for any or no reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.