Indiewalls Terms of Use

This is a legal agreement, by and between you ("You" may be either an individual or an entity and Indiewalls, LLC ("Indiewalls"), governing Your use of the services offered by Indiewalls (the "Services"). Indiewalls and You may be referred to in these Terms of Use (the "Agreement") as the "Parties." In addition, when using specific services, You will be subject to any guidelines, policies, rules or additional terms applicable to those services which Indiewalls may communicate to You or post from time to time on its website ("Website"). These guidelines, policies, rules or additional terms are considered included as part of this Agreement. Indiewalls reserves the right to amend this Agreement from time to time and will post material changes to this Agreement on the Website. If You continue to use the Services once Indiewalls has published the changes to the Agreement, You will be deemed to have accepted those changes.

Before You register to use the Services, You must agree to and accept this Agreement. Please read all these terms carefully. If You accept the terms and conditions of the Agreement, check the box below marked "I have read, and agree to, the above terms" and click "CONTINUE". If You do not accept the terms and conditions of the Agreement, click "CANCEL" below and You will be returned to the Indiewalls Home Page. By indicating Your acceptance below, You are agreeing to be bound by this Agreement.

The Parties agree as follows:

  1. Description of Services
    1. Indiewalls’ Services include providing a forum for You to do one or more of the following: i) as an artist (“Artist”), offer original or print works of art (“Works”) for potential sale to Venue Owners as described further herein and for view and purchase by other users of the Website; ii) as a purchaser (“Purchaser”), purchase Works; and/or iii) arrange with Indiewalls to purchase artworks for your Venue (when using these Indiewalls Services, You a “Venue Owner,” and Your premises or venue is a “Venue”).
    2. You acknowledge and agree that as an Artist, Works You post on the Website may, at the sole discretion of Indiewalls, be made available for purchase to third party users of the Website (“Purchasers”) pursuant to commercial terms that You provide to Indiewalls relating to the Works at the time you post such Works. The terms You must provide are, at a minimum: 1) the fair market value of Your Work; 2) if different from the fair market value of the Work, the sale price for the Work; and 3) the date upon which the Work is to be removed from the Website (collectively, the “Required Terms of Sale”). The sale of any Work You post shall not be for less than the sales price You provide, and the proceeds shall be delivered according to the Required Terms of Sale. The values You set for Your Works will be fair market values, and must be based upon the sales price of similar works by You or other artists in the same medium, geographical area, and level of recognition. That is, You will not set an excessively high value for your Work\You enter into any such arrangements at Your sole risk and discretion. Indiewalls will remit payment to you not less than thirty (30) nor more than ninety (90) days after the date the Work is received and accepted by the Purchaser. Purchasers who have not rejected purchased Works within five (5) days of the date of delivery will be deemed to have accepted such Works.
    3. Indiewalls may, in its discretion, provide You with a sample agreement or other documents relating to transactions between artists and persons that agree to display works of art. Such sample agreements or documents are intended for informational purposes only. Any Display Agreement should only be reached after consultation with an attorney and after thorough consideration by the parties. Indiewalls does not provide legal advice to You by providing sample agreements and/or other documents or information. You further acknowledge that laws vary from state to state, and therefore it would be unreasonable to rely upon any sample documents, as such documents cannot take into consideration variations in each state’s law.
    4. You acknowledge that Indiewalls provides the Services as an independent contractor to You, other users and Purchasers. Provision of such Services in no way gives rise to an agency or other fiduciary relationship between Indiewalls and any user of the Website or its Services, including Artists and Venue Owners. Furthermore, unless expressly agreed to in writing by Indiewalls, Indiewalls shall not be a party to any agreement reached between You and any other party, including Artists and Venue Owners, through provision of the Services. You further acknowledge that Indiewalls does not warrant and will not investigate the origin of or ownership rights in Works posted by any party.
    5. You acknowledge and agree that Indiewalls provides no guarantee that provision of the Services or usage of the Website will result in any agreements or engagements between You and any other party or sale of Your Work. Indiewalls will not take legal, equitable, constructive, or physical possession of or establish control or custody over any Work. Notwithstanding the foregoing, in the rare instance when Indiewalls does agree to willingly and knowingly accept physical possession of a Work for the purpose of exhibiting or selling the Work, which must be acknowledged in each case by Indiewalls, Indiewalls agrees to be responsible for the value of the Work, up to the value reasonably provided for in the Required Terms of Sale. Such acceptance of possession, by Indiewalls or its agents, shall create a priority in favor of the Artist over the claims, liens, or security interests of Indiewalls’ creditors. Indiewalls will not be deemed to have taken physical possession of any Work simply by providing shipping information or assistance or otherwise providing the Service.
  2. Right to Use Service; Restrictions
    1. Use of the Services may be suspended at any time in Indiewalls’ sole discretion and for violations of the requirements listed in this Agreement. You acknowledge that the Website contains intellectual property and proprietary rights including without limitation copyrightable works, trademark, trade dress and service mark rights ("Indiewalls IP") which is the property of Indiewalls or its licensors, and which may not be copied, reproduced, modified, distributed, publicly displayed or otherwise used by You without prior written consent from Indiewalls.
  3. Indiewalls’ Rights and Obligations
    1. Indiewalls will use commercially reasonable efforts to provide support to You by e-mail. You may contact Customer Service at info@indiewalls.com.
    2. Indiewalls uses commercially reasonable efforts to ensure that the Services will be available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance or upgrades, and for emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Indiewalls. Indiewalls will use commercially reasonable efforts to minimize such disruption where it is within the reasonable control of Indiewalls.
    3. Indiewalls reserves the right to unilaterally remove from its Website without notice or penalty any and all materials which it believes, in its sole discretion, are violative of any rights in and to such materials owned by any third party. If Indiewalls receives multiple complaints that your Work or any other materials provided by You infringes the rights of any third party, Indiewalls will deem you a "repeat infringer," and Indiewalls will take action, in its discretion, including but not limited to suspending or terminating your account and your right to use the Services.
  4. Your Rights and Obligations
    1. You agree to take reasonable security precautions to protect Your password and account for the Services, and if You are an entity, those of all Your personnel. These precautions shall be at least as great as the precautions that You take to protect Your own property, but in no event less than commercially reasonable and prudent care. You are responsible for all access to and use of the Service through Your account and password, including access of any services for which the use results in monetary charges, whether or not You have knowledge of or authorize such access and use. You will notify Indiewalls immediately of any unauthorized use of Your account or password, or any other security breach of which You are aware. It is Your sole responsibility to keep Your account number, user name, password and other sensitive information confidential.
    2. In order to use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
    3. You represent to Indiewalls that the information You provided for registration or payment is current, complete, and accurate and if such information should change, that You will promptly update such information accordingly. You must use the e-mail address used to create the account for e-mail communication with Indiewalls.
    4. Use of the Service requires registration. You agree that the information that You provide to Indiewalls on registration and at all other times will be true, accurate, current and complete. You also agree that You will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to Your e-mail address, since that is the primary way in which we will communicate with You about Your account and the Services. You warrant that registration is for a single person or entity only, and that You will not permit anyone to access and use the Services using Your user information.
    5. You hereby grant a worldwide, royalty free, irrevocable, perpetual license to Indiewalls to use, reproduce, display, and prepare derivatives of Works for Indiewalls’ promotional purposes (such as by placing advertisements on third party websites) and for the purpose of providing the Services including, without limitation, posting the Works for sale to Purchasers. Indiewalls shall not display or use Your Work without attribution to You. You hereby provide such consent to any use or display of the Work, in any manner whatsoever, by Indiewalls.
    6. In connection with use of the Services, certain non-public and proprietary information may be disclosed to You. Such information will be designated as confidential by the terms posted on the Website or may consist of information which, given its nature or the circumstances surrounding its disclosure, reasonably should be considered as confidential ("Confidential Information"). Confidential Information includes, without limitation, information regarding proprietary structures, functions or designs of Indiewalls’ Website and information provided to You by other Artists or Venue Owners (each, a "Disclosing User") which should reasonably be considered as confidential. You hereby agree to adhere to and comply with the following covenants:
      1. not to directly or indirectly divulge, disclose or publish the Confidential Information to any person or entity outside of Indiewalls or the Disclosing User (other than Your agents or contractors who need to know the Confidential Information to perform services for or on Your behalf, provided that You are fully responsible for any breach of confidentiality by such agents and contractors), or otherwise use the Confidential Information in a manner detrimental to Indiewalls or the Disclosing User for any purpose other than as expressly permitted herein or without prior written consent of the disclosing party;
      2. to receive and treat the Confidential Information, in whatever form delivered to You as a result of this Agreement, on a confidential and restricted basis and to take precautions to prevent the unauthorized disclosure and/or use of such Confidential Information (including, without limitation, similar precautions as taken by You to protect Your own confidential information); and,
      3. to return or destroy the Confidential Information, including all copies and records thereof, to the Disclosing User promptly upon receipt of a written request.
    7. Prohibited Conduct. You agree not to:
      1. use the Services for any unlawful purposes;
      2. reuse, reproduce, copy, disseminate or otherwise use the Works of others or their Confidential Information without having first properly obtained permission to do so;
      3. submit to the Website or otherwise cause to be disseminated in relation to the Services any information, including without limitation copyrightable works, trademarks, trade dress and service marks, which is the property of any third party ("Third Party IP") without the requisite permission or license granted by that third party, nor otherwise violate any rights of any third party through use of the Website or the Services;
      4. use personal information of other users for any purpose other than in communications or actions in furtherance of or related to the Services;
      5. interfere with or disrupt (or attempt to interfere with or disrupt) the Services or servers or networks connected to the Services, or to disobey any requirements, procedures, policies or regulations of networks connected to the Services; or,
      6. provide any information to Indiewalls that is false or misleading, that attempts to hide Your identity or that You do not have the right to disclose.
  5. Payment Service Terms
    1. Indiewalls shall receive a commission of 40% of the sale price of each of Your Works which is sold to a Purchaser. In the event of a potential licensing arrangemnet, Indiewalls will consult with the Artist prior to the licensing of any Works to a Purchaser. The licesning fee paid to the Artist upon a sale to the purchaser will be based on a mutually agreed upon amount in a case by case basis.
    2. You agree and acknowledge that sale of the Works shall be effected by Indiewalls according to the Required Terms of Sale. You further acknowledge that Indiewalls is not in receipt of funds provided by a Purchaser in connection with the sale of a Work unless and until that Work is received and accepted by said Purchaser. Any funds received by the Purchaser prior to the time of such receipt and acceptance are not deemed to be funds received in connection with the sale of any Work.
    3. c. Following acceptance of a Work by a Purchaser, and according to the payment of proceeds terms agreed to by the Parties, Indiewalls shall submit to You or Your third party designated agent, if applicable, Your portion of the proceeds of such sale (sales price, less shipping and taxes, if applicable, and Indiewalls’ commission) or agreed upon fee for licensing of Works.
    4. Indiewalls may require You to maintain an account with a third party designated agent (such as PayPal) for electronic payment of the proceeds of the sale of Your Works. You acknowledge and agree that Indiewalls’ payment obligations hereunder cease upon submission of the owed funds to You or any such designated agent, and that any failure to remit payment to You by Your designated agent is not the responsibility of, nor does it give rise to any liability on the part of, Indiewalls. You expressly release Indiewalls from any such liability. Furthermore, unless expressly agreed to in writing by Indiewalls, Indiewalls shall not be a party to any agreement reached between You and any such designated agent.
    5. Indiewalls may further, at its discretion, aid You in arranging for shipment and transfer of a Work from a Venue to a Purchaser by providing You with access to accounts it maintains with third party commercial package carriers (such as UPS or Federal Express), or with materials generated for or by such commercial package carriers. You acknowledge and agree that any such aid shall not include the physical receipt of nor transport by Indiewalls or its agents of Your Works to the Purchaser. Furthermore, if Indiewalls provides You with access to accounts it maintains with commercial mail carriers, or with materials generated for or by such commercial mail carriers, any subsequent failure by said commercial mail carriers shall not give rise to any liability on the part of Indiewalls and you expressly hereby release Indiewalls from any such liability.
    6. Venue Owners shall not be entitled to receive any part of the sales price for Works under this Agreement.
    7. g. You will be responsible for payment of all taxes owing in connection with Your sale of Work unless otherwise stated. It is the responsibility of the Artist to inquire as to whether taxes are paid by Indiewalls.
  6. Warranty and Indemnification
    1. You represent, warrant and covenant that Works provided for use or display on the Website and/or at the premises of a Venue Owner and any other materials You provide to Indiewalls, Artists, or Venue Owners in connection with the Services will not violate or in any way infringe upon the rights of third parties, including proprietary information and non-disclosure rights, or any trademark, copyright or patent rights.
    2. You agree to defend, indemnify and hold Indiewalls, other Artists and Venue Owners, Purchasers and their respective subsidiaries, affiliates, officers, agents, employees, successors, assigns, representatives, partners and licensees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 1) Works or other content You submit, post, transmit or otherwise make available through the Services; 2) use of the Services by You or anyone using Your User ID or password; 3) violation of this Agreement by You or anyone using Your User ID or password; or 4) the violation by You of any rights of another, including without limitation rights of privacy or publicity, contractual rights, or any intellectual property right. Other users of the Services, including other Artists and Venue Owners, are third party beneficiaries to this Section 6(b).
  7. Limitation of Liability
    1. IN NO EVENT SHALL INDIEWALLS, OTHER ARTISTS OR VENUE OWNERS, PURCHASERS, OR ANY OF THEIR RESPECTIVE AFFILIATES OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES BY YOU, ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOSS OF GOODWILL, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE EVEN IF INDIEWALLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. INDIEWALLS SHALL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE. OTHER USERS OF THE SERVICES, INCLUDING OTHER ARTISTS AND VENUE OWNERS, ARE THIRD PARTY BENEFICIARIES TO THIS SECTION 7(A).
    2. THE SOLE REMEDY AVAILABLE TO YOU CONCERNING USE OF THE SERVICES BY YOU IS, AND INDIEWALLS’ ENTIRE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID IN CONNECTION WITH THE SPECIFIC SERVICE WHICH IS THE BASIS OF THE CLAIM.
  8. Disclaimer of Warranties
    1. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND INDIEWALLS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER.
    2. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, INDIEWALLS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR WORKS OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SERVICES BY YOU. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
  9. Term and Termination
    1. This Agreement shall become effective upon agreement by You and completing the registration process ("Effective Date"), and shall continue in full force and effect until the earlier of the termination of Your user account, or the date this Agreement is terminated ("Term"). If Your account with Indiewalls is not valid or in good standing, You will not be able to use the Services. Indiewalls may terminate this Agreement and Your right to use the Services at any time if You violate this Agreement.
  10. GENERAL PROVISIONS
    1. Choice of Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the law of the State of New York. The Parties each irrevocably submit to the exclusive jurisdiction of the courts of New York County, New York for all disputes arising hereunder, including disputes related to sale of Works, and waive any defenses of lack of personal jurisdiction, venue or forum nonconveniens.
    2. Third Party Beneficiaries: Other than as set forth herein, each Party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any person or entity other than You and Indiewalls.
    3. Notices. Except as otherwise provided herein, all notices, or other communications to be given hereunder will be in writing to the address provided at the bottom of this Agreement, and will be transmitted by postage prepaid registered or certified mail, return receipt requested. All notices will be deemed to have been duly given on the date of receipt (or if delivery is refused, the date of such refusal). Notice will be directed to You at the e-mail address set forth in the registration.
    4. Survival and Severability. Those sections of this Agreement which, by their nature, are intended to survive termination (including disclaimers of warranties, indemnification, and provisions regarding intellectual property rights) shall so survive any termination or expiration of this Agreement. If any provision in this Agreement shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be considered, to the extent feasible, to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect.
    5. Miscellaneous. The subject headings of the Sections of this Agreement are for reference only, and shall not affect the interpretation of any provision. No representations or statements of any kind made by any Party that are not expressly stated herein shall be binding on such party. No amendment to this Agreement shall be binding upon Indiewalls without Indiewalls’s written agreement thereto, and You acknowledge Indiewalls’s right to amend this Agreement as described herein. The parties agree that this Agreement constitutes the complete and entire agreement of the parties and supersedes all previous communications, oral or written, between them relating to the subject matter hereof. This Agreement is not assignable by You or by operation of law without the express written approval of Indiewalls. Indiewalls may assign this Agreement in whole or in part to any third party. Any assignment or attempt to assign without such written approval shall be void. Indiewalls’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
  11. Force Majeure. Without limiting the foregoing, under no circumstances shall Indiewalls be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, acts of terrorism, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance. Notices and Procedure for Making Claims of Copyright Infringement
  12. DMCA. If you believe that any material contained on the Website infringes your copyright, please notify Indiewalls of your claim in accordance with the following procedure. Indiewalls will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Indiewalls’ Designated Agent: Gavriel Wolf dmca@indiewalls.com, Subject Line: Indiewalls DMCA. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): (i) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Indiewalls to locate the material; (iv) information reasonably sufficient to permit Indiewalls to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has 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; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. E-mails sent to dmca@indiewalls.com without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.
  13. Privacy Statement.
    1. Indiewalls is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Indiewalls.com Web site (the "Website") and governs data collection and usage and is incorporated into and subject to the terms of our Terms of Service at http://indiewalls.com/terms-of-use. By using the Website, you consent to the data practices described in this statement.
    2. Indiewalls collects personally identifiable information, such as your e-mail address, name, and home or work address. There is also information about your computer hardware and software that is automatically collected by the Website. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Indiewalls for the operation of the Website, including services provided on the Website, to maintain quality of the service, and to provide general statistics regarding use of the Website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through public message boards, this information may be collected and used by others. Note: Indiewalls does not read any of your private online communications.
    3. Indiewalls encourages you to review the privacy statements of websites you choose to link to from the Website so that you can understand how those websites collect, use and share your information. Indiewalls is not responsible for the privacy statements or other content on websites outside of the Website.
    4. Indiewalls collects and uses your personal information to operate the Website and deliver the services you have requested. Indiewalls also uses your personally identifiable information to inform you of other products or services available from Indiewalls and its affiliates. Indiewalls may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
    5. Indiewalls does not sell, rent or lease its customer lists to third parties. Indiewalls may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Indiewalls may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Indiewalls , and they are required to maintain the confidentiality of your information.
    6. Indiewalls does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
    7. Indiewalls keeps track of the pages our customers visit within the Website, in order to determine what Indiewalls services are the most popular. This data is used to deliver customized content and advertising within the Website to customers whose behavior indicates that they are interested in a particular subject area.
    8. In addition, personal information that is de-identified (stripped of any information that could be used to identify you) may be used by Indiewalls for any reason and shared freely with affiliates, partners and other third parties. This information is usually aggregated (combined with information from many other users), and may include information such as traffic patterns, trends in connection with various types of inquiries, and other information.
    9. In the future, Indiewalls may sell some or all of our assets. In such transactions, personal information generally is one of the transferred business assets. In the event of a sale of our assets including our database, customer information will be transferred. We will require buyers to honor our privacy policy.
    10. With the exception of the uses outlined in this policy, Indiewalls will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Website; (b) protect and defend the rights or property of Indiewalls; and, (c) act under exigent circumstances to protect the personal safety of users of the Website, or the public.
    11. The Website uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
    12. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Website pages, or register with the Website, a cookie helps the Website to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the Website features that you customized.
    13. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Indiewalls services or Website.
    14. Indiewalls secures your personal information from unauthorized access, use or disclosure. Indiewalls secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
    15. Indiewalls will occasionally update this Statement of Privacy to reflect company and customer feedback. Indiewalls encourages you to periodically review this Statement to be informed of how Indiewalls is protecting your information.
    16. Indiewalls welcomes your comments regarding this Statement of Privacy. If you believe that Indiewalls has not adhered to this Statement, please contact Indiewalls at info@indiewalls.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.