Conditions of Use

Indigo, Inc. Web Site Terms of Use Statement and Privacy Policy

TERMS OF USE
WITH YOUR USE OF THIS WEB SITE, YOU AGREE TO ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

This web site is an online information and communication service provided by Indigo, Inc. ("Indigo"). Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Indigo reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Indigo retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This web site provides links to many other web sites that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of web sites hosting third party content or that allow postings by third parties. By accessing such web sites through links provided on this web site, you agree to abide by each applicable Terms of Use policy as therein specified.

USE OF MATERIAL ON RICHARDPRYOR.COM AND RESTRICTIONS
This site is controlled and operated by Indigo, Inc. at 16633 Ventura Boulevard, Suite 1450, Encino, California 91436. All material on this site, including, but not limited to images, pictures, illustrations, text, information, artwork, audio clips and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Indigo, its related companies, Richard Pryor or by other parties that have licensed their material to Indigo. Material on RichardPryor.com or any web site owned, operated, licensed or controlled by Indigo is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by E-mail or other electronic means, without the express prior written consent of Indigo. Use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Indigo's and Richard Pryor's copyrights, trademarks and other proprietary rights, and is prohibited. You may not link directly to any audio, video or other files on this web site.

PROHIBITED CONDUCT
Indigo and its officers are not responsible for any material posted in such forums as Bulletin Boards and Chat Rooms. By using these or other such forums, participants agree not to post, send, upload, transmit, distribute or otherwise publish, any content that:
• Libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, or threatening;
• Infringes any intellectual property right of any entity or person, including, but not limited to, violating anyone's copyrights or trademarks or their right of publicity;
• Violates any law;
• Violates or infringes upon the rights of Indigo, its users, officers or the public, including material which is an invasion of privacy or publicity rights;
• Solicits gambling or engages in any gambling activity;
• Interferes with anyone else's use of this web site;
• Contains a virus or other harmful component; or
• Advertises, engages in any commercial endeavor, or otherwise solicits funds, goods or services.

Indigo, Inc. reserves the right to delete, move, edit or disclose the contents of messages that contains Non-Approved Material or is otherwise unacceptable. In addition, Indigo may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Indigo or to protect the safety of our users or the public.

COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Indigo's designated agent for notice of claims of copyright infringement is: Jennifer Lee Pryor, President of Indigo. Pursuant to Title 17, United States Code, Section 512(c) (3), notification of claimed infringement must be in writing and must include the following:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Specific identification of copyrighted work claimed to have been infringed;
• Information reasonably sufficient for Indigo to locate the work on the web site;
• Information reasonably sufficient to permit Indigo to directly contact the complaining party, such as address, telephone number and e-mail address;
• A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement requesting Indigo to take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
• 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 the exclusive right that is allegedly infringed.

SITES LINKED TO AND FROM RICHARDPRYOR.COM
This site may contain links to other web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk. Indigo is not responsible for, and does not endorse, the content of any Linked Sites whether or not Indigo is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site.

Neither Indigo nor Richard Pryor assumes any responsibility or liability for any communications or materials available at such Linked Sites. You agree that you will not link to RichardPryor.com from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. Any links to RichardPryor.com must be to the home page only, and not to any other page, directory or sub-domain of the web site. Under no circumstances may you "frame" this web site or alter its intellectual property or content in any way. Indigo reserves the right, in its sole discretion, to terminate a link with any web site for any reason.

PARTICIPATION IN FEE AREAS ON RICHARDPRYOR.COM
If you elect to purchase a fee-based content/service, you agree to pay all fees incurred. Any account name and password supplied to you in connection with a fee-based content/service is personal to you and the members of your household, and may not be transferred or made available to others. You further accept responsibility for all activities that occur under your account name or password. Any unauthorized distribution of such information may result in cancellation of the fee-based content/service without refund and may incur additional charges for the unauthorized use. Indigo reserves the right to deny access to RichardPryor.com to any person who violates these Terms.

SUBMISSIONS
Indigo does not accept unsolicited material. By uploading any material, in any form (text, photograph, music, etc.) and in any manner (bulletin board, e-mail or otherwise), you (i) grant to Indigo the non-exclusive, worldwide right to use, post, publish and display your material on the web site, without royalty or compensation of any kind, (ii) expressly waive any and all rights of privacy, moral rights or rights of attribution and integrity, in and with respect to the material, (iii) attest that duplication and distribution of the material will not violate any right of or require any compensation to any person or entity, (iv) avow that you are the copyright owner of the materials comprising the submission or have all rights necessary to authorize its unfettered use and distribution and (v) confirm that you are eighteen years of age or older. You understand that, once your material is posted, anyone can download and/or distribute that material. You expressly waive any and all claims you may have against Indigo and release Indigo and its officers of any liability herewith.

LIMITS OF LIABILITY
THE MATERIALS ON INDIGO'S WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INDIGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER INDIGO, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR RICHARD PRYOR, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF INDIGO'S WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT INDIGO OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON INDIGO'S WEB SITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. INDIGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN INDIGO'S WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF THE INDIGO SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER INDIGO, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR RICHARD PRYOR, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF INDIGO'S WEB SITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER INDIGO WEB SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INDIGO AND RELATED PERSONS AND ENTITIES AND RICHARD PRYOR SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT INDIGO) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INDIGO AND RICHARD PRYOR ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, INDIGO, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, RICHARD PRYOR AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY BREACH OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED HEREIN; A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THIS SITE AND/OR YOUR USE OF THE MATERIAL IN VIOLATION OF THESE TERMS; AND/OR INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU. INDIGO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH INDIGO IN ASSERTING ANY AVAILABLE DEFENSES.

GOVERNING LAW; VENUE
Unless otherwise specified, the materials in the Indigo web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Indigo from its offices within the State of California, United States of America. Indigo makes no representation that materials in Indigo's web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Indigo bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Indigo.

PRIVACY NOTICE
This notice is to inform you about the policies for collection and use of personally identifiable information on the RichardPryor.com web site, which is owned solely by Indigo. Sites which are linked to our site may have different policies; please review the privacy policy notices on those sites for details.

Indigo is very respectful about the privacy concerns of the visitors to its site. As a general policy, no personal information is automatically collected from visitors to this site. The personal information collected through this web site will be used solely to allow you to participate in the site activities for which the information is collected.

While you can visit this site without providing us any personal information, we may invite you to provide certain forms of personal information, including, but not limited to, your name, age, sex, address, telephone number and e-mail address. However, even if you do not provide us personal information, your visits to our web sites may allow us to collect such non-personal information as the type of your computer operating system, your browser and your Internet service provider. In addition, when you visit this web site, we may store some information in the form of a "Cookie" on your computer. Most Internet browsers allow you to erase Cookies from your hard drive, block Cookies, or receive word before a Cookie is stored. Please refer to your Browser instructions to learn more about these functions. Other use of this information may include internal review of the number of visitors to this site but only in an aggregate and non-personally-identifiable form.

At certain pages of our web site we may invite you to provide us with personal information. For example, when conducting a poll we may ask you to give your age and sex; when running a contest we may ask for names and addresses to contact the winners; when offering information about upcoming events or commercial offers, we would need contact information. Personal information collected in order to participate in bulletin boards or chat rooms is collected for the purpose of maintaining site integrity and security and may be used to take action against visitors who post inappropriate material, harass other visitors, or otherwise abuse the activity.

We will collect such information only if you provide it to us voluntarily. If you provide personal information, we will not give or sell your personal information to third parties unless we disclose that intention to you at the time of collecting your personal information. We may, however, provide aggregated information about our web site users as a whole, not as individuals, to third parties for certain marketing, advertising or other reasonable purposes.

Indigo and Richard Pryor bear no responsibility for any action or policies of any third parties who collect any information visitors may disclose on the bulletin boards, chat areas or other public forums, if any, on this site.

If this web site requests credit card information for payment purposes, Indigo will take all commercially reasonable steps to protect that information by establishing a secure connection with your Web Browser.

To maintain the accuracy of personal information you provide us, please notify us of any changes you wish us to make. To update or remove your personal information from our files, you can contact us by sending an e-mail to administrator (at) richardpryor (dot) com. Include your name, address and e-mail address in the message. We will use reasonable efforts to make the changes.

A NOTE FOR PARENTS CONCERNING PRIVACY
Indigo will not solicit and does not intend to collect personal information from people under eighteen (18) years of age. We will specifically instruct people under 18 not to submit personal information on our web site. If a person under 18 provides us with personal information and that person's parent or guardian wants it removed from our records, the parent or guardian should contact us by sending an e-mail to administrator@richardpryor.com. We will use reasonable efforts to delete the person's information from our existing files. Indigo believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a "kid-friendly" online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the "Consumer Assistance" page of the Direct Marketing Association home page (www.the-dma.org).

Indigo reserves the right to change this Privacy Notice at any time.

CONTACT US
For questions or comments regarding these Terms and/or the web site, please send an e-mail to administrator (at ) richardpryor (dot) com.

© 2011 Indigo, Inc. / Richard Pryor. All Rights Reserved. Use of this site denotes acceptance of the above terms and conditions.
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