Terms of use

Effective Date: April 10, 2025

Welcome to IndieHub.pro (“IHP,” “we,” “us,” or “our”), a platform operated by IndieHub.pro LLC, connecting filmmakers, musicians, influencers, studios, brands, and other creative professionals (the “Platform”). By accessing or using the Platform, you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Platform.

1. Definitions

• “IHP Community” refers to all registered users of the Platform, including but not limited to influencers, filmmakers, musicians, studios, and brands, as well as IHP staff and moderators.
• “IHP Courses” refers to any educational content, materials, or programs provided by IHP through the Platform.
• “Content” includes all text, images, videos, intellectual property (IP), profiles, posts, offers, lists, or other materials shared on the Platform.

2. Eligibility
   
   

You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent that you meet this age requirement.

3. Confidentiality and Non-Disclosure
   
   

3.1 You agree not to disclose, share, or distribute any Content from the Platform outside the IHP Community without prior written consent from IHP, including but not limited to:

• Information about intellectual property obtained from posts or profiles;
• Brand offers posted on the Platform;
• Compiled lists of influencers, filmmakers, musicians, studios, or brands;
• Contact information from any IHP Community member’s profile;
• IHP Course materials.
  3.2 Violations of this section may result in termination of your account and liability for damages, as determined by a court or arbitrator under applicable law.

4. Account Usage
   
   

4.1 Single Account Policy: You may maintain only one account. Multiple accounts tied to a single individual will result in deletion of all associated accounts and content without prior notice.

4.2 No Account Sharing: Sharing account credentials or passwords is prohibited and will result in account deletion without prior notice.

5. Code of Conduct
   
   

5.1 No Disparagement: You agree not to make statements that intentionally harm the reputation of IHP or the IHP Community. Violations may result in account termination and liability for damages as permitted by law.

5.2 No Harassment or Discrimination: Harassment, bullying, or discrimination based on age, weight, race, sexual orientation, gender identity, religion, or any other protected characteristic is strictly prohibited. Violations will result in immediate account deletion and a permanent ban, at IHP’s sole discretion.

5.3 No Off-Platform Solicitation: You may not use the Platform to solicit IHP Community members to meet or conduct business off-platform without IHP’s consent.

6. Account Termination
   
   

6.1 IHP reserves the right to suspend or terminate your account, with or without notice, for any violation of these Terms or misuse of the Platform, as determined in IHP’s sole discretion.

6.2 Upon termination, all your Content may be deleted without liability to IHP.

7. Intellectual Property
   
   

7.1 You retain ownership of Content you post to the Platform but grant IHP a non-exclusive, worldwide, royalty-free license to use, display, and distribute such Content solely for operating and promoting the Platform.

7.2 You agree not to post Content that infringes on third-party intellectual property rights.

8. Limitation of Liability
   
   

8.1 You use the Platform at your own risk. IHP is not liable for any damages arising from your use of the Platform, including but not limited to:

• Damage to your mental health, physical well-being, or career;
• Damage to intellectual property, businesses, or reputations associated with the Platform;
• Losses from following advice in IHP Courses.
  8.2 IHP is not responsible for the actions, Content, or conduct of other users.

9. Governing Law and Dispute Resolution
   
   

9.1 These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

9.2 Any disputes arising under these Terms shall be resolved through binding arbitration in Los Angeles, California, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

10. Miscellaneous
    
    

10.1 Entire Agreement: These Terms constitute the entire agreement between you and IHP regarding the Platform.

10.2 Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

10.3 Amendments: IHP may update these Terms at any time by posting the revised version on the Platform. Continued use after such changes constitutes your acceptance.

10.4 Privacy: Your use of the Platform is also governed by our Privacy Policy, available at [insert link].

11. Contact
    
    

For questions about these Terms, contact IndieHub.pro LLC at [insert contact info].

Key Issues Identified:

1. Loopholes:
   • Lack of Jurisdiction and Governing Law: The T&C doesn’t specify which state’s laws govern the agreement or where disputes must be resolved, potentially leading to jurisdictional disputes.
   • Unenforceable Penalties: Fines like “$50,000 per infraction” or “$25,000 per infraction” may be deemed unenforceable liquidated damages under U.S. law unless they are reasonable and tied to actual damages. Courts often strike down excessive penalties as punitive rather than compensatory.
   • Vague Definitions: Terms like “disparaging,” “harassment,” and “misuse” are subjective and undefined, leaving room for inconsistent enforcement or legal challenges.
   • No Notice or Cure Period: Immediate account deletion without warning or an opportunity to remedy minor breaches could be challenged as unfair, especially if users lose valuable content or access.
2. Wrong or Misused Jargon:
   • “NDA” Misuse: Labeling this a “User Agreement Term NDA” is misleading. An NDA (Non-Disclosure Agreement) is a specific contract type, but this document is broader, functioning as a Terms of Service (ToS). The title could confuse users about its scope.
   • Typographical Errors: Terms like “disparenging,” “harrassment,” “musicitian,” “permantelty,” and “complied lists” are misspelled, undermining professionalism and clarity.
   • “Community” Undefined: The “IHP community” is referenced repeatedly but not clearly defined, creating ambiguity about its scope (e.g., platform users, employees, partners?).
3. Missing Provisions:
   • Arbitration or Dispute Resolution: No mechanism for resolving disputes (e.g., arbitration, mediation) is included, which is standard in ToS agreements.
   • Intellectual Property Ownership: The T&C doesn’t clarify ownership of user-generated content or IP posted to the platform, a critical omission for a creative community.
   • Termination Rights: While account deletion is mentioned, the company’s broader termination rights (e.g., for platform shutdown) are not addressed.
   • Privacy Policy Reference: No mention of how user data is handled or a link to a privacy policy, which is legally required in many states (e.g., California’s CCPA).

Severability Clause: Missing a clause to ensure the rest of the agreement remains enforceable if one part is struck down.