Terms and Conditions of Use &

Privacy Policy

Terms and Conditions of Use

Last Revised: May 14, 2020

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 

General

This website is owned and operated by or on behalf of Indigenous Media, LLC or its affiliates ("IM", “us”, “we” or “ours”). By accessing this Site (as defined below), accessing or utilizing the content on this Site and/or registering with us, you (“User”, “you” or “your”) signify that you have read, understood and agree to be bound by and abide by these terms and conditions of use ("Terms of Use" or “Agreement”). If you do not agree to these Terms of Use, please do not use this Site.

These Terms of Use apply to this Site (as further defined herein below), to all other websites owned or operated by IM or any of its affiliates (each, an "IM Website") and to all services related to such websites (including mobile, APIs and RSS services) (collectively referred to as “Services”) (the “IM Website” and the “Services” shall collectively be referred to as the “Site”), unless we have posted special terms of use to a particular website or with respect to a particular service.  In that case, those special terms of use apply to that website or service to the extent that they are different from these Terms of Use.

Please note that these Terms of Use contains capitalized words or phrases.  These words and phrases are defined terms.  Their definitions are found either in our Privacy Policy, incorporated herein by this reference, or in these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add to, or remove portions of the Site, impose limits on certain features, restrict your access to parts or all of the Site and/or services or to these Terms of Use at any time and without prior notice or liability to you and such changes or modifications shall be effective immediately upon posting them to this
Site. We suggest that you review these Terms of Use periodically for changes. Your use of this Site after the posting of changes or modifications to these Terms of Use have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this as last revised.   We may also offer other services from time to time that are governed by different terms and conditions of use. This Site is based in the United States. By using this Site and/or by submitting personal information to this Site, you consent to having your information transferred to the United States and being processed and maintained in the United States, subject to applicable U.S. laws. U.S. laws may be different than the law of your home country. You acknowledge and agree that there is/may be advertising included on the Site and agree that being exposed to such advertising is a condition of accessing the Site. You represent that you are eighteen (18) years old.  If you are under eighteen (18) years old, your parent or legal guardian has read these Terms of Service and agreed to them and the use of the Site.

Copyright, Ownership and Restrictions on Use of Content

The content, including without limitation, the text, graphics, photographs, sounds, music, videos, programs, episodes, images, illustrations, designs, audio clips, video clips, metadata, data or compilations, software, source code, interactive features audio and combined audiovisual programs, films and the trademarks, service marks, logos contained therein (collectively “Content”) are owned by or licensed to IM in perpetuity and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries and other intellectual property rights under United States and foreign laws.

No Content from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used to create new works from in any way without the express written permission of IM. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement and this Agreement does not transfer ownership of any rights in and to the Content.

Anyone who displays, reproduces, copies, creates derivative works or sells our Content for commercial or non-commercial purposes without permission from IM violates this Agreement and the copyright laws and is liable for copyright infringement. Any person who uses IM's marks for commercial or non-commercial purposes without IM's permission on goods or for services is liable for trademark infringement. You agree to abide by all copyright notices, information and restrictions contained in any content

If you download and/or view any Content from the Site, including any files, images incorporated in or generated by the Content, the Content shall be used for your personal, non-commercial home use only. Any use other than for personal use is expressly prohibited without the prior written approval from IM or the copyright holder.

Submissions

This Site, and without limitation, the audiovisual series currently entitled “60 Second Docs” (“60SD”) receives numerous story topic proposals (“Proposals”) and audiovisual documentary (“Documentary”) submissions (“Proposals” and “Documentary” submissions shall collectively be referred to as “Submissions”).  IM and 60SD are constantly developing new stories, topics and documentaries using IM’s own employees and third parties.  IM and/or 60SD may have already been working, prior to your Submission on stories, topics, concepts and/or documentaries similar to what is contained in your Submission.  You understand and agree that no obligation of any kind is assumed or may be implied against IM or 60SD or by reason of IM’s or 60SD’s review of the Submission or any discussions or negotiations IM or 60SD may have with you. You agree that the Submission does not constitute protectable literary and/or audiovisual property and you agree that you will not be entitled to any compensation because of the use by 60SD of any documentary, story, topic or material, even if similar or identical to your Submission, which may have been independently created by IM and/or 60SD or its affiliated companies, or may have come to IM, 60SD or its affiliated companies from any other independent source. You acknowledge that no confidential relationship exists between you and IM and/or 60SD, nor is there one intended or created by the Submission. 

In consideration for your Submission, you hereby release and hold harmless IM and 60SD from any claim or liability arising from or related to your Submission, and you waive your right to bring any present or future claims including but not limited to any claim of infringement, misappropriation, idea theft, unfair competition, interference with contract, or any other liability under contract or tort.  This release and waiver is fully valid and binding in perpetuity regardless of whether or not IM and/or 60SD (a) ever reviews your Submission; (b) ever determines to use your Submission in any manner; and/or (c) develops or exploits at any time material that contains similar or identical features and elements to the Submission.

By making a Submission, you are consenting to the Terms of Service and IM’s right to display and publish the Submission on the Site and for related online and offline promotional uses including without limitation advertising, promotion and marketing.

Licenses and Permissions for Use of the Submission

As part of this Terms of Service and our agreement, you grant IM an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, world-wide license to the Submissions, which includes without limitation the right for IM, 60SD, or any third party it designates, to host, use, modify, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, translate, communicate to the public, create derivative works of, index, cache, tag, encode, adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form, manner, methods, means or media now known or hereinafter developed, created, invented or devised in any language (collectively referred to as the “License”).

You also give IM permission to display, publish, exhibit and use your name and biography if IM so chooses in its sole discretion, next to or in connection with the Submission, ads, offers or other sponsored content.

You are solely responsible for the content of your Submissions and for obtaining any and all third party rights necessary to grant the License as set forth hereinabove. IM and 60SD shall not be reviewing the content of your Submissions in connection with, but not limited to, copyright, trademark and intellectual property infringement, third party rights, plagiarism, libel, slander and/or privacy or other personal proprietary rights.  IM shall have the right, but not the obligation, to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.

Representations and Warranties; Indemnification

You represent, warrant and covenant that (a) the Submission and any and all materials contained in the Submission are original to you; (b) the Submission and any and all materials contained in the Submission does not and will not violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights or contain defamatory, slanderous, libelous or otherwise unlawful material; (c) that you are at least eighteen (18) years of age; and (d) if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them, your use of the Site and your submitting the Submission. You hereby indemnify, defend and hold harmless IM and all shareholders, directors, officers, agents, owners, employees, successors, licensors, licensees and assigns, information providers, (collectively, the "Indemnified Parties") from and against any and all liability, loss, damage, charges, claims, actions, causes of actions, judgments and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you, your representatives, agents and /or employees of: (i) the foregoing representations, warranties and covenants; and, (ii) the distribution, exhibition, sub-licensing, advertising, marketing and exploitation of the Submissions. You shall cooperate as fully as reasonably required in the defense of any such claim. IM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Email Information

The IM Site allows you to sign up to be included in the IM email list (“Email List”) for future emails related to current and future Content, services, products and various other communications (collectively “Communications”).  By providing your email address, you hereby grant to IM the right to contact you regarding any Communications.  If you choose to have your email deleted from the Email List, please send an email to hello@indigenousmedia.com requesting to have your email removed from the Email List. 

Disclaimers

THE CONTENT ON THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH CONTENT AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You hereby indemnify, defend and hold IM and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. IM reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IM OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT OR FUNCTIONS ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF IM AND OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO IM, IF ANY, FOR ACCESSING THIS SITE.

Third Party Content and Links to Third Party Websites and Content

This Site contains links to third party websites, advertisers and products.  IM does not control, endorse, recommend, sponsor, certify, support or otherwise accept responsibility for any third party websites, advertisers or products.  If you have any concerns regarding the third party websites, products, advertisers, privacy practices or content, you should direct all such concerns to such third party website.

Termination

We may terminate your access to this web site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms of Use or any other term or condition of use posted on this Site. If you have any problems with this Site or your use of this Site or with these Terms of Use, your sole and exclusive remedy is to cease using this Site.

General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Los Angeles, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. These Terms of Use constitute the entire agreement between us relating to your use of this Site.  The failure of IM to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision.  The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

If you have any questions about this Agreement, please contact us via email at hello@indigenousmedia.com.

Reporting Intellectual Property Violations

IM is committed to protecting individual’s and entity’s intellectual property rights.  In the event you feel that you have a claim for a copyright or trademark infringement with respect to the material that is contained on the Site, please notify hello@indigenousmedia.com.

Please provide us with the following information. Please be advised that to be effective, your notice to us in connection with the alleged copyright or trademark infringement must include ALL of the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the Site;

  4. Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Privacy Policy

Last Revised: May 14, 2020

Indigenous Media LLC (“IM”, “we”, “us” and “our”) is the owner and operator of the website (“Site”).  This privacy policy applies to this Site (as further defined herein below), to all other websites owned or operated by IM or any of its affiliates (each, an "IM Website") and to all services related to such websites (including mobile, APIs and RSS services) (collectively referred to as “Services”) (the “IM Website” and the “Services” shall collectively be referred to as the “Site”), unless we have posted a special privacy policy to a particular website or with respect to a particular service.  In that case, those special terms of the privacy policy shall apply to that website or service to the extent that they are different from this Privacy Policy.

IM respects your privacy and the following privacy policy (“Privacy Policy”) explains how we collect, use and disclose your information when you access and utilize the Site.  The Privacy Policy is only applicable to this Site and not to any other third party website, service or online platform.  Capitalized terms that are not defined in this Privacy Policy have the meaning given then in our Terms of Use.  By accessing this Site, accessing or utilizing the content on this Site, sending in a Submission (as defined in the Terms of Service) and/or registering with us, you signify that you have read, understood and agree to be bound by this Privacy Policy, including the Terms of Use incorporated herein by this reference. If you do not agree to the Privacy Policy, please do not use this Site.

You can view our content without providing your personal information.  You may submit your email address to be part of the IM Email List.  However, if you are submitting a Submission as set forth in our Terms of Service, we will be collecting some personal information about you including your name, email address, phone number, audio-visual information and professional information.  This Privacy Policy discloses when and how we collect, use, share, and safeguard information from this Site. This Privacy Policy also explains what to do if you want to correct, change or delete information you have already provided to us for our Email List.

By using this Site, you are agreeing to the terms of this Privacy Policy, as posted in this area of the Site.  As used in this Privacy Policy, "Personal Information" means any information by which a particular natural person can be an identified or is identifiable.   In this case, the Personal Information would be limited to an email address to be used to send future emails related to current and future Content, services, products and various other communications (collectively “Communications”) and which is entirely optional and voluntary and in the case of Submissions, the Personal Information would include your name, email address, phone number, audio-visual information and professional information.

Collection of Personal Information

IM collects Personal Information from visitors to our Site from E-mail transmitted via various links on our Site and through the provision by User of user’s email address.  The use of e-mail and joining the Email List is entirely optional and voluntary.  If you send us an email, in which you disclose Personal Information, we will use it to discuss the subject of your correspondence.  If you disclose your Personal Information in connection with the Email List, we will use it according to the terms and conditions as set forth in the Terms of Use incorporated herein by this reference.

Cookies

In order to track your use of our Site, "cookies" are employed. We use two types of cookies -- so-called "browser cookies" and "Flash cookies". Browser cookies (also called "HTTP cookies") are pieces of information that are sent by web sites and stored in your computer's hard drive, which provide you a service by allowing us to recognize your computer to save you from having to re-enter the same data every time you visit our Site. They also allow us to learn how visitors use our Site. This User data is aggregated for tracking purposes primarily by tallying pages viewed throughout our web Site and logging Internet Protocol ("IP") addresses, browser types, general geographic origin of access to our Site and similar aggregated usage data. Flash cookies (also called "Locally Stored Objects" or "LSOs") work in a similar manner to browser cookies and are also used to remember settings and preferences and to track usage. However, they relate to certain Flash content such as animation, games and videos, are stored differently on your hard drive and are managed through a different interface than the one provided by your web browser. In general, Flash cookies are more persistent and can store more data that browser cookies.

Aggregated usage data enables us to tailor our content to our visitors' interests and to help our advertisers better understand the preferences of our audience. Providing such usage data to advertisers is essential to keeping as many of our services free to visitors as is reasonably possible. This information does not reveal your identity although, in some cases, we may have to combine this non-identifiable information with Personal Information to enforce compliance with our Terms of Use or to protect our services, Site, visitors or others.

In the course of serving advertisements to the Site, our third-party advertisers may place or recognize a browser or Flash cookie on your hard drive.

If you do not want to receive browser cookies, you may set your browser to reject them. If you wish to disable or delete Flash cookies, you should consult the Help file for your Flash application. However, if you turn cookies off (whether browser or Flash cookies), you may not have access to some IM Content.

How We Use Your Information

We limit the manner in which your Personal Information is used. We will use the Personal Information you provide only in a manner that is consistent with this Privacy Policy. If you have registered with us and do not want to be contacted with various Communications in the future by IM or our advertising partners, please see Opt-Out below.

Please note that we will release your Personal Information if required to do so by law, search warrant, subpoena, court order or other legal process.  IM may also disclose your Personal Information if we have a good faith belief that such disclosure is reasonably necessary to detect or prevent fraud or to protect the rights, property, health or personal safety of IM, IM employees, or the public. 

IM reserves the right to transfer any Personal Information in the event we transfer all or a portion of our business or assets.  If such a transfer should occur, the privacy policy of the other company may supplant our policy.  However, we will use commercially reasonable efforts to try to require that the transferee uses Personal Information in a manner that is consistent with our policy.

We do not otherwise sell or provide your Personal Information to third parties.

Links to Third Party Web Sites

Our Site contains or may contain certain hyperlinks to other web sites, some of which may display IM's logos or other IM content. These web sites may have privacy policies; however, all of these web sites and their privacy policies are independent of our Site or this Privacy Policy. IM is not responsible for compliance with other web sites' privacy policies or data collection practices. You should review these privacy policies carefully before providing any Personal Information to these web sites.

Third Party Ad Servers

Ads appearing on our Site may be delivered to you by DoubleClick, or by other third party advertising companies.  Information about your visits to our Site, such as the number of times you have viewed an ad, date/time at which the ads were shown, the advertisers' cookies, and the IP address of the computer you use (but not your address or other Personal Information) is used to serve ads to you on our Site. We do not have access to the cookies that may be placed by our third party advertising companies. We share Site usage information about visitors to our Site with these companies for the purposes of managing and targeting advertisements, measuring their effectiveness, and for market research analysis on our Site. For these purposes, we and third-party advertising companies we use may note some of the pages you visit on our Site.

Opt-Out/Change Information

If you would like to opt-out from receiving any Communications from either us or our business affiliates or would like to change the email address you provided to us, send an e-mail to: admin@indigenousmedia.com, indicate your preference to: "unsubscribe," and we will promptly remove you from our list. Please be sure to include your e-mail address in the e-mail; OR, “Change email address” and provide the old email address and the new email address and we will promptly make the change.

Changes in this Privacy Policy

IM reserves the right to change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes here and we will change the "Last Updated" date at the top of this page. We encourage you to visit this area frequently to stay informed.

Contact Us

If you have any comments or questions about this Privacy Policy, please send an e-mail to: admin@indigenousmedia.com.

Additional Information for California Residents - California Privacy Notice

This California Privacy Notice (“Notice”) is for California residents and supplements our Privacy Policy as set forth herein above. In addition to the terms of our Privacy Policy, the following explains how to exercise your rights under the California Consumer Privacy Act (“CCPA”).

“Personal Information” in this Notice means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is aggregated or information that cannot be reasonably linked to you.

 

We receive Personal Information from you either when you sign up of the email list or when you send in a Submission (as set forth in the Terms of Service), if ever.

 

 

 

Your Rights Under the CCPA

 

The CCPA grants you the following rights:

 

1.      The Right to Know – You have the right to request that we disclose to you the Personal Information we collect, use and monitor; the categories of sources from which we collected such Personal Information; the business or commercial purpose for collecting or selling (if applicable) the Personal Information; the categories of third parties with whom we shared the Personal Information; the categories of Personal Information that we sold and the categories of third parties to whom we sold such Personal Information (if applicable); and the categories of Personal Information that we otherwise shared or disclosed, and the categories of third parties with whom we shared or disclosed such Personal Information (if applicable).

2.      The Right To Request Deletion – You have the right to request that we delete your Personal Information that we have collected from you excluding in connection with your Submission, if any.

3.      The Right to Opt-Out – You have the right to opt-out of having your Personal Information sold or shared to third parties.

4.      The Right to Non-Discrimination – The exercise by you of any of these rights shall not be used to deny you the right to equal service.

 

In order to exercise your rights, you may need to verify your identity by providing additional information before we can process your request. You may exercise these rights on your behalf or you can designate an authorized individual to act on your behalf. If you are requesting that another authorized person act on your behalf, we will need to have written permission from you and may need verification of such authorized individual’s identity.  In some instances, we may decline to honor your request where an exception applies, such as where the disclosure of personal information would adversely affect the rights and freedoms of another California resident.

To exercise your rights, please contact: admin@indigenousmedia.com.