Terms of Service
Normally this part is pretty boring. Let's see what we can do about that.
Last Revised June 3rd, 2020.
tl;dr Nine9s is here to be useful to you, please don't try to break it. If you spot something bad, please let me know.
- First, the Legal Stuff
- Your Access to Nine9s
- Nine9s is for Your Lawful Use
- Your Account
- Don’t Mess with Nine9s
- Other Ways of Accessing Nine9s
- Children and Nine9s
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law
- Severability and Enforcement
- Changes to This User Agreement
We want you to know your rights and our rights and so we have prepared this agreement ("user agreement" or "agreement") between Nine9s, LLC. (“Nine9s”, "we", "our," "us") and you. This agreement sets the terms of your use of the Nine9s website and services. This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Nine9s, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from Nine9s. We reserve the right to monitor Nine9s, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
You may not use Nine9s to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
To participate on Nine9s, you must create an account that includes a username and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also use Nine9s without logging in, but you will not have access to all features.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
Nine9s contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "Nine9s content." Nine9s content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Nine9s content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Nine9s content, except as permitted by the doctrine of fair use or as authorized in writing by us.
You agree not to interrupt the serving of Nine9s, introduce malicious code onto Nine9s, make it difficult for anyone else to use Nine9s due to your actions, attempt to manipulate votes or Nine9s’s systems, or assist anyone in misusing Nine9s in any way. It takes a lot of work to maintain Nine9s. Be cool.
We support the responsible reporting of security vulnerabilities. To report a Nine9s security issue, please send an email to email@example.com.
We encourage the creation of other ways to access Nine9s, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us.
If you produce or maintain a browser extension or application, you agree not to purposefully negate any user's actions to delete or edit their content on Nine9s.
Nine9s is not directed at people under the age of 13, and Nine9s does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Nine9s, please contact us.
Nine9s is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Nine9s will always work properly.
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Nine9s, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Nine9s.
We want you to enjoy Nine9s, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at firstname.lastname@example.org.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Delaware without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Diego County, California.
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent.
If no such modification is possible, that provision will be severed from the rest of this agreement. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
This user agreement is the entire agreement between you and us concerning Nine9s. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive. By continuing to use Nine9s after a change to this agreement, you agree to those changes.