TERMS OF USE

You may only use IndigoPlatforms.tv according to the IndigoPlatforms.tv(also referred to as “Indigo Platforms” for short) Terms of Service (this “Agreement”), which you accept by using Indigo Platform. Indigo Platform reserves the right to modify or revise this Agreement at any time at Indigo Platform’s own discretion. Any modification to this Agreement as such shall be effective immediately upon being updated on Indigo Platform unless stated otherwise. Indigo Platform users are legally bound by any modifications or revisions, and therefore regular review of the most current version of this Agreement (at: http://Indigo Platform.com/about/terms-of-use/) is highly recommended. Continued use of Indigo Platforms 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 Indigo Platform.com.

Service Description

Indigo Platforms 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.

Indigo Platform.com is a place where video gaming enthusiasts (hereinafter referred as “gamers”), journalists and bloggers can contribute articles, photos and videos, and broadcast shows, news, and gaming footage to a community of fellow gamers.

Video on Demand (hereinafter addressed as VoD) is a venue provided by Indigo Platform which allows a Indigo Platforms Member who has enabled use of the VoD feature to sell access to their Content to other Indigo Platforms Members. Indigo Platform receives a Transaction Fee for each completed sale of credits used to purchase access to such content.

Indigo Platforms is not a party to the transaction between the VoD Host and the buyer with respect to the sale/purchase of any Content. Indigo Platforms does not sell, resell or license any Content listed for sale on Indigo Platform nor is Indigo Platform 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.

Membership Eligibility

Certain features of Indigo Platforms 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 register and post Content to Indigo Platform.com.

Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name. Indigo Platforms reserves the right to cancel any Member account and user name at any time, for any reason, in its own discretion.

User Name and Password

You must have a valid email address in order to register for a user name and password on Indigo Platform. 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 Indigo Platform website home page. You agree to notify Indigo Platform 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.

Term/Termination

This Agreement shall remain in full force while you use Indigo Platform and/or are a Member. You may terminate your Indigo Platforms membership at any time, for any reason by logging into Indigo Platform 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. Indigo Platform may terminate your Indigo Platforms 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, Indigo Platform 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 Indigo Platform. Indigo Platforms 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 Indigo Platform, cancellation of your user name, or the deletion of Content Posted by you.

Proprietary Rights in Content Created by Indigo Platform

INDIGO PARTNERS owns and retains all proprietary rights in Indigo Platforms. The compilation of all Content on Indigo Platform is the exclusive property of Indigo Platforms (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 Indigo Platform by Indigo Platforms or Indigo Platforms\\\' 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 Indigo Platforms, its partner or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from Indigo Platform, its partner or the advertiser.

Grant of License

As long as you are not in breach of any terms or conditions of this agreement, Indigo Platform grants you a revocable, nontransferable, non-exclusive right and license to access and use Indigo Platform for personal, noncommercial purposes only, or to purchase or sell Content, using VoD, or from third party merchants accessible via links from Indigo Platform.

User Content

By Posting Content to Indigo Platform, 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 a Indigo Platform 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 Indigo Platform. However, you grant Indigo Platform a license to use the Content you Post on Indigo Platform until a commercially reasonable time after you have deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on Indigo Platform, you are granting Indigo Platform, 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 Indigo Platform, and Indigo Platform’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 Indigo Platform, in connection with the advertising and promotion of Indigo Platform and Indigo Platform. 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 Indigo Platform 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 Indigo Platform 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.

Prohibited Uses

Indigo Platform imposes certain restrictions on your permissible use of Indigo Platform. 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 Indigo Platform 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 Indigo Platform 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 Indigo Platform; 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 Indigo Platform in providing Indigo Platform. Any violation of system or network security may subject you to civil and/or criminal liability. You also may not use Indigo Platform to stalk or harass anyone, Post irrelevant Content or repeatedly Post the same or similar Content.

Compliance with Intellectual Property Laws

When using Indigo Platform, you agree to obey the law and to respect the intellectual property rights of others. Your use of Indigo Platform 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.

Alleged Violations

Indigo Platform reserves the right to terminate your use of Indigo Platform 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 Indigo Platform, you agree that Indigo Platform 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 Indigo Platform. Indigo Platform does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Indigo Platform reserves the right to terminate your account or your access to Indigo Platform and to delete all Content Posted therein, with or without notice to you, and without liability to you, if Indigo Platform believes that you have violated any of the Terms of Service, furnished Indigo Platform with false or misleading information, or interfered with use of Indigo Platform.

Reporting Certain Abuse to Law Enforcement

The Indigo Platform 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 Indigo Platform. The traffic data and personal information of Indigo Platform Members who Post sexually explicit material may be reported to law enforcement authorities for prosecution under applicable criminal laws.

Indigo Platform 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 Indigo Platform. 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

Indigo Platform, in its sole discretion shall have the right (but not the duty) to monitor the Content Posted on Indigo Platform including, without limitation, the Content of any communication that occurs on or through the Indigo Platform instant message service and the Indigo Platform internal email service. Indigo Platform 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 Indigo Platform is not responsible for any failure or delay in removing such Content.

Parental Control Protections

Indigo Platform is concerned about the safety and privacy of all Indigo Platform users, especially children. However, it is important to keep in mind that Indigo Platform is intended for broad general use and users may find that some Content available on Indigo Platform is offensive, indecent or objectionable. Indigo Platform cannot be held responsible for any Content Posted by Indigo Platform users which may be offensive, indecent or objectionable. While Indigo Platform has established rules keeping children under the age of 14 from becoming a member of Indigo Platform, 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 Indigo Platform. You can find tools that will assist you in supervising your children’s on-line activities by clicking here.

Copyright Infringement

Indigo Platform has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on Indigo Platform. Indigo Platform has adopted a policy that provides for the immediate suspension and/or termination of any Indigo Platform user who is found to have infringed on the rights of Indigo Platform, or of a third party, or otherwise violated any intellectual property laws or regulations. Indigo Platform’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 Indigo Platform 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 Indigo Platform’s designated Agent for Notice of Claimed Infringement. Indigo Platform’s agent designated to receive notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Send an email to:copyright@IndigoPlatforms.tv

If you have been notified by Indigo Platform 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, Indigo Platform may send a copy of the counter-notice to the original complaining party informing that person that Indigo Platform 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 Indigo Platform, the Indigo Platform 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 Indigo Platform of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Indigo Platform 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.

Indigo Platform 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 Indigo Platform or any business transaction that occurs as a result of Content listed for sale on Indigo Platform.

IN THE EVENT OF A DISPUTE BETWEEN YOU AND A VoD HOST OR OTHER MERCHANT LISTED ON INDIGO PLATFORM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE INDIGO PLATFORM, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM