Terms of Service

Last Modified – May 12, 2019

AGREEMENT AND SERVICES

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION,” WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION.”

BY ACCESSING OR USING ANY 9dat.com OFFERING, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, DO NOT USE ANY 9dat.com OFFERINGS.

9dat.com and/or its Affiliates provide access to the 9dat.com Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term “Affiliates” means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “9dat.com Offerings” means the web sites of 9dat.com, including www.9dat.com.com, any other sites on which these Terms of Use are posted, and any other 9dat.com service or product licensed by you through third party sites or sources, including the products and services available through any of the foregoing.

THESE TERMS OF USE ARE ENTERED INTO BETWEEN YOU AND 9dat.com. THE TERM “9dat.com” INCLUDES ITS AFFILIATES. Your use of the 9dat.com Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the 9dat.com Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a 9dat.com Offering, including any amendments or updates thereto.

Without limiting the foregoing, each submission or delivery of information to 9dat.com or a 9dat.com Offering are governed by these Terms of Use. The 9dat.com Offerings are always evolving, so it is important that you periodically check these Terms of Use. 9dat.com reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If 9dat.com makes changes to these Terms of Use, we will provide notice of such changes, such as (by way of example only) by providing notice through the 9dat.com Offerings or updating the “Last Modified” date at the top of these Terms of Use. If we revise these Terms of Use, such revision(s) will take effect immediately such notice. Your continued access or use of any 9dat.com Offering constitutes your acceptance of the revised Terms of Use. We encourage you to frequently review these Terms of Use to ensure that you understand the terms and conditions that apply to your use of the 9dat.com Offerings. If you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all 9dat.com Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a 9dat.com Offering, these Terms of Use will control.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a 9dat.com Offering in a way that may constitute copyright infringement, you may provide notice of your claim to 9dat.com Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located within the 9dat.com Offering;

(iv) Information reasonably sufficient to permit 9dat.com to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;

(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.