ACCEPTANCE OF TERMS
The services that Ninearchs provides to User is subject to the following Terms of Use (“TOU”). Ninearchs reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
This Agreement, which incorporates by reference other provisions applicable to use of Ninearchs, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Ninearchs sets forth the terms and conditions that apply to use of Ninearchs by User. By using Ninearchs (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Ninearchs is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
Ninearchs shall have the right at any time to change or discontinue any aspect or feature of Ninearchs including, but not limited to, content, hours of availability, and equipment needed for access or use.
CHANGED TERMS
Ninearchs shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Ninearchs or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Ninearchs or by Ninearchs by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through its Web property, Ninearchs provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Ninearchs and all charges related thereto.
USER CONDUCT
User shall use Ninearchs for lawful purposes only. User shall not post or transmit through Ninearchs any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Ninearch‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Ninearch‘s discretion restricts or inhibits any other User from using or enjoying Ninearchs will not be permitted. User shall not use Ninearchs to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Ninearchs.
Ninearchs contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Ninearchs are copyrighted as a collective work under the Ninearchs copyright laws. Ninearchs owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Ninearchs and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on Ninearchs any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of ninearchs.com , User automatically grants, or warrants that the owner of such material has expressly granted Ninearchs the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Ninearchs the right to edit, copy, publish and distribute any material made available on Ninearchs by User.
The foregoing provisions of Section 5 are for the benefit of Ninearchs, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
