Welcome to Indie It Press, LLC., an online learning community to develop artistic and creative skills, and offer freelance opportunities in the Indie Artist Community as a collective. Indie It Press, LLC., website and service including-without limitation-all websites, Dashboard, Indie It Press Artist Hub and all other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Indie It Press, LLC.
Upon accessing any part of the Service, you are agreeing to the terms and conditions described below (“Terms of Use & Service”) the terms and conditions of our privacy policy (the “Privacy Policy“) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms presented in this document, you should refrain from using the Service. These Terms of Use & Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as an Instructor, student, or community member/subscriber of Indie It Press, LLC., or who have purchased a one off course via Indie It Press, LLC.
We may, at our sole discretion, modify these Terms of Use & Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of January 22nd, 2021.
THE SERVICE
Indie It Press, LLC., Service allows students to enroll in online courses and allows artist Instructors to workshop, teach, conference, and all to create and connect in a community. Indie It Press, LLC. accommodates feedback, online communication and project uploads.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
PRIVACY
Your use of the Website/Service is also subject to the Indie It Press, LLC., Privacy Policy. Please review our Privacy Policy, which also governs the Website/Service and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use & Services.
DISCLAIMER
Your use of the Website/Service is also subject to Indie It Press, LLC., Disclaimer. Please review our Disclaimer, which also governs the Website/Service and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
COPYRIGHT, LICENSES, UPLOADS & SUBMISSIONS
The contents of the Service are protected by copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Indie It Press, LLC., its affiliates and/or other third party licensors.
Under no circumstances are you permitted to edit, modify, reproduce, copy, upload, download or distribute the content material on the Service in any format including the downloadable resources, text, graphics, video content, projects, code, personally identifiable information or software in any manner.
You may print and download certain resource files solely for your own non-commercial use provided that you agree not to amend or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that specific material.
You are not permitted to use any scrapers, crawlers, robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Indie It Press, LLC., in writing.
You are strictly prohibited from engaging in practices of database scraping, screen scraping or any other technique the purpose of which is to obtain and collect lists of users, sections of a database, lists or specific information from the Service, in any manner and any quantities. You are prohibited from using frame or framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Indie It Press, LLC., or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing Indie It Press, LLC., name or trademarks without the express written consent of Indie It Press, LLC.
Messages posted on community boards or project feedback, uploaded content submitted to group message boards and content submitted for the purposes of the Service is referred to in these Terms of Service as Uploads or Submissions or Project Uploads. All Uploads and Submissions will be subject to these Terms of Service.
Indie It Press, LLC., does not guarantee any confidentiality with respect to Uploads or Submission and wishes to make clear that the user is solely responsible for all content in this regard. You (the user) represent and warrant that you have obtained the necessary licenses, rights, consents and permissions to your Uploads and Submissions (and all content included therein), including the right to authorize Indie It Press, LLC., to use content contained in the Uploads and Submissions in the manner contemplated by the Service and these Terms of Service.
Upon agreeing to the Terms of Service, you hereby grant to Indie It Press, LLC., a worldwide, non-exclusive, royalty-free, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Uploads or Submissions or any other materials or information (including, without limitation, ideas for new products or services) you communicate to Indie It Press, LLC., by all means and in any media now known or hereafter developed.
In addition, you grant permission to Indie It Press, LLC., the right to use all and any names connected with the materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Indie It Press, LLC., for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Indie It Press, LLC.
Indie It Press, LLC., operates a one strike rule and will under no circumstances tolerate violations of intellectual property rights on the Service. Should you be a copyright owner and believe that any Uploads or Submissions or other content infringes upon your copyrights, you may contact the Digital Millennium Copyright Act (“DMCA”) with information of the infringement. To provide Indie It Press, LLC., notice of Uploads or Submissions that you deem to be in conflict of your ownership, provide written communication to indie@indieitpress.com. You may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is infringing your copyright.
DASHBOARD | PROFILE | ACCOUNT
The following terms apply to your use of the Service and any account that you may register or attempt to register via the Indie It Press, LLC.:
- To utilize the Service, you must be 16 years old or older.
- You are not permitted to use tools to register an account as a ‘robot’. You are required to be a human to open an account.
- When registering, you must provide your legal full name, a valid email address, post / zip code or equivalent, and any other information requested in order to complete registration and obtain an account.
- You are solely responsible for maintaining the security of your account and password. Indie It Press, LLC., will not be liable for any loss or damage from your failure to comply with this security obligation. We suggest changing your password periodically to help maintain security.
- You agree not to upload any materials that are copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the rightful owner.
FEES & CHARGES
In respect to all fees and charges, Indie It Press, LLC., reserves the right, without notice, to update, amend or change any fees or charges for using any services provided on the Service, provided that such changes will not apply to fees or charges paid prior to the time of the change.
CODE OF CONDUCT
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your Uploads, Submissions and general communications through the Service including the community forum, comments and posts. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Uploads or Submissions that:
- Breaks the law, is deemed a threatening act, defamatory, abusive, harassing, fraudulent, libelous, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies;
- Victimizes, harasses, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees, instructors, or representatives.
We neither endorse nor assume any liability for the contents of any Uploads or Submissions. We reserve the right to remove any Uploads or Submissions or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service.
You hereby consent to such removal and waive any claim against us arising out of such removal of any content, whether it is your own or another user’s.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your subscription, membership, account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
PROVIDING A COURSE OR ENROLLING IN A COURSE
These Terms of Service are in addition to any agreements, releases or other documents that an instructor and student may enter into in connection with a course.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE INDIE IT PRESS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS- COLLECTIVELY, INDIE IT PRESS, LLC PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE- WHETHER A STUDENT OR INSTRUCTOR. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your instruction or attendance of a course/workshop/conference/service is at your sole risk. Indie It Press, LLC., does not supervise courses, workshops, conferences, services and is not involved in any way with the actions of any individuals, whether students or instructors, at any course, workshop, conference, or service. As a result, we have no control over the identity or actions of the individuals who are present at these courses, workshops, conferences, or services, and we request that our users exercise caution and good judgment when attending courses, workshops, or services. You acknowledge and agree that by participating in any course, workshop, conference, or service, whether as a student or instructor, you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any course. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE INDIE IT PRESS, LLC AND EACH OF THE OTHER INDIE IT PRESS, LLC., PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR INSTRUCTOR. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive Montana Civil Code Section Mont. Code § 28-1-1602, which states, in relevant part:“A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor’s favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor’s settlement with the debtor.”
STUDENT RESPONSIBILITIES
- You agree to accept all of the terms and conditions including the cancellation policy listed in the Website/Service when you agree to book a course on IndieItPress.com.
- The Courses offered on Indie It Press, LLC., are offered directly by the teachers. Indie It Press, LLC., is not responsible or liable for any information on its Service listings or profiles.
- Indie It Press, LLC., liaises with teachers/instructors/freelancers prior to any changes made to courses; however, Indie It Press, LLC., is not responsible for any changes made to a course/workshop/session by the teacher/instructor/freelancer.
- You agree to follow all reasonable rules set by an instructor with respect to a course/workshop/conferences, and not to take any actions to interfere with the instructor, or any other students in the course/workshop/conferences.
- You agree to attend each course solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ courses, or for interfering with any course or the Instructor’s ongoing relationship with any students attending such courses.
- You may access course content for your information and personal use only. You shall not download any content unless you see a download or similar link displayed by Indie It Press, LLC., on the Website/Service. You may not share content from the Website/Service with anyone who is not properly licensed to access the content or who has not enrolled in the course.
INSTRUCTOR RESPONSIBILITIES
By listing a course/workshop/conference on Indie It Press, LLC.:
- You assume full responsibility for the content, video content, resource files and all additional content, of the Service offered.
- You understand that the content is publicly available to be viewed and enrolled in by any student.
- You agree to honor any enrollments through IndieItPress.com at the price, and time listed in the Service, and not to refuse enrollments or attendance by any student for any discriminatory or other illegal reason.
- You agree to bill Indie It Press, LLC., through your Indie It Press Dashboard for the number of students in the course at a course rate of 80% per student. Indie It Press, LLC., will automatically subtract 20% from the total enrollment amount. The 20% is for Indie It Press, LLC., administrative work and offered services toward the workshops/courses/conferences.
- You agree, as a freelance instructor to invoice Indie It Press, LLC., via your Indie It Press, LLC., Dashboard on the last week of instruction.
- Indie It Press, LLC., agrees to pay the Instructor/freelance bill via the Dashboard via Paypal, or automatic deposit to your account upon completion of the course. An invoice must be provided on the last week of instruction in order for Indie It Press to pay Instructors.
- You grant us the right to place advertisements on your content/course at our sole discretion.
- You agree that any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
- You represent and warrant to Indie It Press, LLC., that you are qualified to teach the courses/workshops/conferences that you list with the Website and that you will at all times conduct yourself in a professional manner, and in compliance with all applicable laws.
- You agree not to abuse your students’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your course without the student’s prior consent.
- You may choose to remove content from your course/workshop/conference and will continue to own such content. We will continue to have the right to use that content and to provide it to students who have paid for your course.
- You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
- You agree that you will not submit content to Indie It Press, LLC., that violates Indie It Press’s Instructor Guidelines, which may be occasionally updated.
- Indie It Press, LLC., reserves the right to, but is under no obligation, to delete/cancel the listing of any course/workshop/conference at any time and for any reason.
PAYMENT AND FEES
- Fees for workshops/courses are collected by Indie It Press, LLC., from students via a third-party payment provider.
- An amount of 3% will be automatically subtracted from the total amount in order to pay third-party payment providers.
- Instructors and students agree that Indie It Press’s responsibility is solely to process payments as set forth above, and Indie It Press, LLC., is not party to any transaction between any student and/or instructor and cannot be held responsible for any issues arising from any such transaction.
- Workshop/Course/Conference Instructor will bill Indie It Press, LLC., for the number of students in the course, at course rate per student, subtracting 20% from the total enrollment amount.
- Fees for running workshops/courses/conferences or any other portion of the Service may not be changed.
- Fees for upcoming courses/workshops or any other portion of the Service may be changed at any time without prior notice.
- Instructors are responsible for all income, sales and other taxes associated with fees earned from their courses.
PERSONAL ATTENTION
Indie It Press, LLC., ensures that our instructors will work with you one-on-one. You will receive access to your purchased Instructional courses/workshops/conferences through Indie It Press. Course materials and assignments will be accessible through our Dashboard portal. Your instructor will give you assignments and personal feedback, and guide you through a charted course of learning. Our instructors go above and beyond to help you achieve your artistic goals.
ENROLLMENT
Upon successful completion of student payment, your name, email address, and contact info will be submitted to your instructor within a week of your enrollment. They will contact you before her class starts and provide you with the necessary information you need to start the class.
CANCELLATIONS AND REFUNDS
At Indie It Press, LLC., we realize things may come up in your life where you are unable to attend the course/workshop/conference/services. If you purchased a course/workshop/conference/service and it hasn’t started yet, up to 48 of start of course, you may receive a refund minus third-party fees (roughly 5-10%, depending on which country you purchased from and if you used your PayPal account or a credit card) by contacting Leisa at Leisa@IndieItPress.com. Or you may apply the full fee as a credit for another class. Please note that once the class starts and materials are delivered, we are unable to issue a refund through Indie It Press, LLC.
You can cancel your course/workshop up to 48 hours prior to course/workshop start date. No exceptions. Indie It Press, LLC., the Course Instructor/Workshop/Conference, and freelancer are not responsible or liable for any refunds for courses or workshops after the two days prior to the start of courses/workshops/conferences/services.
Indie It Press, LLC., Consultants, and Freelance Service providers are not responsible or liable for any refunds for consultation and freelance services.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that Indie It Press, LLC., has not made any guarantees about the results of taking any action, whether recommended on this Website/Services or not. Indie It Press, LLC., provides educational, artistic, and informational resources that are intended to help users of this Website/Service succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Indie ti Press, LLC.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether instructors, students, users of Indie It Press, LLC., or otherwise – applying the principles set out in this Website/Service are no guarantee that you or any other person or entity will be able to obtain similar results.
NO UNLAWFUL OR PROHIBITED USE & INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use of Indie It Press, LLC., and the resources available for download from the Website strictly in accordance with these Terms of Use & Service.
As a condition of your use of the Website/Service, you warrant to Indie It Press, LLC., that you will not use the Website/Service or any of the resources available for download from the Website/Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website/Service or any of the resources available for download from the Website/Service in any manner that could damage, disable, overburden, or impair the WebsiteService or interfere with any other party’s use and enjoyment of the Website/Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website/Service.
All content included as part of the Service, instruction, or conference,such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website/Service, is the property of the Company, or its freelance suppliers/instructors, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website/Service or any of the resources available for download from Indie It Press, LLC..
Indie It Press, LLC., content is not for resale. Your use of the Website/Service or any of the resources available for download from the Website/Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Indie It Press, LLC., and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Indie It Press, LLC., or our licensors except as expressly authorized by these Terms.
Indie It Press name, Indie It Pres slogan, Indie It Press logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Indie It Press, LLC., or its affiliates. You must not use such marks without the prior written permission of Indie It Press, LLC. All other names, logos, product and service names, designs and slogans on this Website/Service are the trademarks of their respective owners.
ARTISTIC, EDUCATIONAL & INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website/Service and the resources available for download through this Website/Service are for artistic, educational and informational purposes only. The information contained on this Website/Services and the resources available for download through this Website/Services are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
PERSONAL RESPONSIBILITY & ACCURACY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website/Service and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither Indie It Press, LLC., nor any of its owners, or employees, or freelancers, or instructors shall be held liable or responsible for any errors or omissions on this Website/Service or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website/Service, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website/Service or the resources available for download from this Website/Service. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website/Service.
NO WARRANTIES
Indie It Press, LLC., makes no warranties regarding the performance or operation of this website/service. Indie It Press, LLC., further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website/service. To the fullest extent permissible under the law, Indie It Press, LLC., disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website/Service, Indie It Press, LLC., any and all contracts you enter into with the Indie It Press, LLC., and any and all of Indie It Press’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Montana. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against Indie It Press, LLC. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
INTERNATIONAL USERS
The Service is controlled, operated and administered byIndie It Press, LLC., from our offices within the USA. If you access the Website/Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Indie It Press, LLC., Content accessed through the Website/Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and Indie It Press, LLC., with respect to the Website/Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Indie It Press, LLC., with respect to the Website/Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
JOIN OUR FACULTY
If you are interested in participating as an instructor, please email Leisa at Leisa@IndieItPress.com. We will send you instructions on how to apply.
CONTACT US
Indie It Press, LLC. welcomes your questions or comments regarding the Terms:
Indie It Press, LLC.
230 S. Catlin St. #102
Missoula, Montana 59801
Email Address: Leisa@IndieItPress.com
Last Updated:January, 22, 2021