Last Updated: February 2017
These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with 9for9 Media, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify 9for9 Media for violations of these Site Terms.
Ownership of the Site and its Contents
The Site is owned by 9for9 Media. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“9for9 Media Content”), is owned by 9for9 Media, its licensors, or its third-party image partners. All elements of the Site, including the 9for9 Media Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
The Site and the 9for9 Media Content are intended for customers of 9for9 Media. You may not use the Site or the 9for9 Media Content for any purpose not related to your business with 9for9 Media. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the 9for9 Media Content without, or in violation of, a written license or agreement with 9for9 Media; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the 9for9 Media Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any 9for9 Media product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the 9for9 Media Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the 9for9 Media Content without specific written authorization from 9for9 Media; and (h) using the Site or the 9for9 Media Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Intellectual Property Information:
The Site is owned by 9for9 Media LLC. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“9for9 Media Content”), is owned by 9for9 Media, its licensors, or its third-party image partners. All elements of the Site, including the 9for9 Media Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, 9for9 Media has adopted a policy of terminating, in appropriate circumstances and at 9for9 Media’s sole discretion, account holders who infringe the intellectual property rights of 9for9 Media or any third party.
The 9for9 Media logo, and any other product or service name or slogan contained in the Site are trademarks of 9for9 Media and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 9for9 Media or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “9for9 Media” or any other name, trademark or product or service name of 9for9 Media without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 9for9 Media and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Where enabled, you may embed 9for9 Media Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all 9for9 Media Content will be available for embedded use, and availability may change without notice. 9for9 Media reserves the right in its sole discretion to remove 9for9 Media Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or 9for9 Media Content. You may only use embedded 9for9 Media Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded 9for9 Media Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
9for9 Media (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded 9for9 Media Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify 9for9 Media immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
You agree to defend, indemnify and hold harmless 9for9 Media, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the 9for9 Media Content, or your violation of any rights of another.
Limitation of Liability
IN NO EVENT SHALL 9FOR9 MEDIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE 9FOR9 MEDIA CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM 9FOR9 MEDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO 9FOR9 MEDIA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF 9FOR9 MEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO 9FOR9 MEDIA FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the 9for9 Media Content shall be submitted to confidential arbitration in Alexandria, Virginia, except that, to the extent you have in any manner violated or threatened to violate 9for9 Media’s intellectual property rights, 9for9 Media may seek injunctive or other appropriate relief in any state or federal court in the State of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, 9for9 Media reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by 9for9 Media. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
9for9 Media reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to 9for9 Media at email@example.com.
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