TERMS AND CONDITIONS / PRIVACY POLICY:

Indigo Development Company, LLC. provides the WEBOVERSITE website where photographs and other digital images and files, along with accompanying text, captions, and other materials (the “Content”) can be uploaded and stored for access and viewing by others from remote locations without the need to download (the “Service”). You must review the Terms and Conditions listed below before opening an account with us. In order to open an account with Indigo Development Company, LLC., you must agree to these Terms and Conditions. Opening an account with us signifies your agreement to be bound by these Terms and Conditions.

I. Modification.

Indigo Development Company, LLC. reserves the rights to amend and modify these Terms and Conditions at any time with or without notice. Your continued use of the Service signifies your acceptance of any new Terms and Conditions. We may change the price or fees charged for the service provided by WEBOVERSITE, which will be payable in accordance with the payment terms in effect at the time such fee becomes payable. If you object to any new Term or Condition, simply terminate your account.

II. Terms of Use.

You are advised that the Content found on WEBOVERSITE is the subject of copyright protection under United States and international laws. Uploading, downloading, copying, and modifying copyrighted material without proper authorization can be a violation of these copyright laws. You are solely responsible for any Content you upload and warrant that either you are the copyright owner or that you are authorized by the copyright owner to upload the Content. It is also your sole responsibility to ensure that you not make unauthorized copies or downloads of Content found on the site.

III. Ownership.

Neither Indigo Development Company, LLC. nor WEBOVERSITE obtain any copyright ownership in any Content uploaded to its site. All ownership of such material remains with the original owner and/or his assignees and is governed by any agreements between such parties as well as the applicable laws.

IV. Copyright License.

In order for WEBOVERSITE to provide access to your photos to those authorized by you to view them, you hereby grant to Indigo Development Company, LLC. a non-exclusive, royalty-free, worldwide, perpetual license to copy, display, prepare derivate works, distribute, transmit, and modify your Content solely for the purpose of providing the Service during the term of your account.

V. Member Conduct.

WEBOVERSITE is committed to ensuring that the Service offered remains free of Prohibited Content. WEBOVERSITE has the sole discretion to determine if such Content is prohibited and, if it determines that it is, has the right to remove the Content from the site. Prohibited Content includes, but is not limited to, that which:

1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Comprises copyrighted material used without the express permission of the owner;
3. Violates or otherwise encroaches on the rights of others;
4. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
5. Advocates illegal activity;
6. Harms anyone, including minors; or,
7. Provides a link to any of the above.

VI. Indemnification.

YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS Indigo Development Company, LLC. AND WEBOVERSITE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

VII. Limited Warranty.

a. No Liability for Content. IN NO EVENT WILL Indigo Development Company, LLC. OR WEBOVERSITE BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (i) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (ii) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

b. Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Indigo Development Company, LLC. AND WEBOVERSITE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER Indigo Development Company, LLC. NOR WEBOVERSITE MAKES ANY WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS.

VIII. Limitation on Liability.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, Indigo Development Company, LLC. AND WEBOVERSITE WILL HAVE NO OBLIGATION OR LIABILITY TO YOU ABOVE AND BEYOND THE FEE PAID BY YOU FOR THE SERVICE (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, COPYRIGHT INFRINGMENT OR OTHER ACTION UNDER LAW OR EQUITY) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Indigo Development Company, LLC. and WEBOVERSITE recommend that any “irreplaceable” content be separately secured or “backed up” by its members.

IX. Termination.

Indigo Development Company, LLC. or WEBOVERSITE may, in its sole discretion, terminate your membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including, but not limited to conduct that violates these Terms or other policies or guidelines set forth by WEBOVERSITE elsewhere within the Service. Neither Indigo Development Company, LLC. nor WEBOVERSITE will be liable to you or any third-party for any termination of your access to the Service.

X. Choice of Law.

Any dispute arising from or relating to this agreement will be governed by the law of the Commonwealth of West Virginia excluding its choice of law rules. The state and federal courts of West Virginia are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue to the state and federal courts of West Virginia by your use of these Services.

XI. Privacy.

Indigo Development Company, LLC. and WEBOVERSITE understand and respect your desire for privacy. Neither Indigo Development Company, LLC. nor WEBOVERSITE will release or disclose any information provided by you, including any Content posted, unless required to do so by law or in the good faith belief that such release or disclosure is necessary: (1) to comply with legal process served on Indigo Development Company, LLC. or WEBOVERSITE, (2) to protect and defend the rights of Indigo Development Company, LLC. or WEBOVERSITE, or (3) to protect the personal safety of others.

WEBOVERSITE is a registered trademark of Indigo Development Company, LLC. Other WEBOVERSITE product names, service names, slogans, or logos appearing on the site are also subject to trademark or copyright protection. WEBOVERSITE reserves all such rights.