These Terms of Service (“Terms“) govern your access to and use of 9minutes, including 9minutes Facebook application (the “Application”) and website (the “Site“), collectively referred as the “Services”, and any information, text, graphics, logos, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content“). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services or installing it on your mobile device you agree to be bound by these Terms. Please review carefully our Terms before accessing and using the Services. The Terms apply to all visitors and users of the Services. If you do not agree to be bound by these Terms, you may not access or use the Services.
1. Terms and modifications
9 Minutes Ltd. may elect to update the Services at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Services. You agree that 9 Minutes Ltd. may automatically deliver such updates to you as part of the Services and you shall receive and install them as required.
3. Proprietary rights of 9 Minutes Ltd.
4. Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend terminate users or reclaim usernames without liability to you. You may not post Content that:
- Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
- Is a direct and specific threat of violence to others;
- Is furtherance of illegal activities;
- Is harassing, abusive, or constitutes spam.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, 9 Minutes Ltd. computer systems, or the technical delivery systems of 9 Minutes Ltd. providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by 9 Minutes Ltd. (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with 9 Minutes Ltd. (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
5. License to Use the Services
9 Minutes Ltd. grants you a personal, worldwide, non-exclusive, non-assignable, royalty-free, revocable license to use the Services for your personal use in accordance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by 9 Minutes Ltd., pursuant to these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Services.
6. No Infringing Material
You represent and warrant that you will not provide, deliver, or upload to 9minutes, using the Services or otherwise, any data, image, file, document, or other content that infringes on the intellectual property rights of a third party (“Infringing Material”). Any drawings, images, photos, patterns, or designs that you upload to 9minutes through the Services must be your original works, public domain works, or you shall have obtained a license to use such work(s). You are solely responsible for your own Content and the consequences of submitting and publishing your Content on 9minutes. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and for 9minutes to display your Content through the Service; and you license to 9 Minutes Ltd. all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on Services pursuant to these Terms.
7. Your rights
You retain all of your ownership rights in your Content. However, by submitting Content to 9minutes, you hereby grant 9 Minutes Ltd. a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and 9 Minutes Ltd. (and its successors’ and affiliates’) business, including without limitation in connection with the promotion of the Service through any medium 9 Minutes Ltd. chooses. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. You understand and agree, that 9 Minutes Ltd. may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted by you from the Service.
8. Content on the Services
All Content is the sole responsibility of the person who originated such Content. 9 Minutes Ltd. may, but is not required to, monitor or control the Content posted via the Services and cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will 9 Minutes Ltd. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
9. Termination of Use
You agree that 9 Minutes Ltd. may, in its sole discretion, terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that 9 Minutes Ltd. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Application. 9 Minutes Ltd. shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
10. Disruption of Services
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which 9 Minutes Ltd. may undertake from time to time, service malfunctions and causes beyond the reasonable control of 9 Minutes Ltd. or which are not reasonably foreseeable by 9 Minutes Ltd., including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
12. Comments or other communications
Any feedback, comment, suggestion, idea and/or other information (collectively called “Communications”) you send to 9 Minutes Ltd. will be handled as non-confidential. We reserve the right to use Communications with no limitations, e.g. copying, reproducing, publishing, spreading, distributing, viewing, modifying, translating, embodying them in other material and exploiting them for commercial aims in any way. 9 Minutes Ltd. will have an unlimited right to use ideas, concepts, know-how or techniques included in the Communications you send us for any purpose. 9 Minutes Ltd. invites you not to send us through the Services any information you consider confidential or proprietary.
13. Links to third parties’ websites or contents
The Services may include contents created by third parties, information drawn from public sources and/or links to external websites or web pages managed by third parties (“Third parties’ Websites and Contents”). 9 Minutes Ltd. does not control Third parties’ Websites and Contents and it is not responsible for the accuracy, security or reliability or Third parties’ Websites and Contents. Accessing any Third parties’ Website or Content is at your own risk. 9 Minutes Ltd. declines any responsibility towards you for any loss or damage (including e.g. any loss or damage to IT equipment, hardware or software of your computer) deriving from or connected to your access, use, entrustment of Third parties’ Websites and Contents or deriving from or connected to the purchase of products or services available on Third parties’ Websites or Contents.
14. Liability exclusion
You will use the Services at your own exclusive risk and you are the only person responsible for the use of the Services and of Third parties’ Websites and Contents. 9 Minutes Ltd. implements all necessary measures to try to ensure that the Services and its Contents do not contain viruses or bugs, but it cannot guarantee that your IT devices, hardware and software of your computer or phone, data stored or created in your IT equipment, hardware or software of your computer or phone (collectively indicated as “Equipment”) will not be damaged, lost or in any way negatively influenced if you access the Services or its Contents. Moreover, 9 Minutes Ltd. does not guarantee that the Services or its Contents, services and features of the Services will be free from interruptions or that any bug will be removed.
The Services and its Contents are provided “in their current state” and “as they are available”. 9 Minutes Ltd. does not provide any express or implicit guarantee about accuracy, completeness, non-violation of third parties’ rights, marketability or suitability for a specific purpose. 9 Minutes Ltd. declines any responsibility for third parties’ acts, omissions or behaviours in connection with the use of the Services, including e.g. any responsibility for any content, information or declaration of third parties available on the Services or though the Services, pursuant to civil or penal law for slander, violation of intellectual property rights, privacy, obscenity or any other applicable law.
15. Liability limitations
To the maximum possible extent under the law, 9 Minutes Ltd. will not in any case be responsible towards you or anyone else for any damage deriving form the use of the Services and/or its Contents or of any information included in the Services or in products purchased through the Services, including e.g. (a) any data loss or damage, (b) equipment loss or damage, (c) any loss or damage which was not foreseeable on your or on our part or whose possible happening, in case of our violation of the Terms or for our legal duties towards you, was not notified, or (d) any loss or damage you incur as a result of lacking precautionary measures on your part against that loss or damage, e.g. by installing adequate anti-virus software. No prevision in the Terms excludes or limits our responsibility towards you in case of malice or serious guilt, or in case of any responsibility which cannot be excluded or limited pursuant to applicable law.
You agree to defend, indemnify and hold harmless 9 Minutes Ltd., its affiliates, employees, officers, agents, managers, members and successors and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) you, or your employee’s, agent’s, or a third party’s use of the Services under these Terms, (ii) any violation of law by you, your employees, or agents, or (iii) any Infringing Material that you provide to 9minutes. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
17. General provisions
Our Terms are regulated by Italian Law. The court of Milan (Italy) will have exclusive jurisdiction for any dispute arising from the use of the Services and/or connected to the Terms, being granted all rights provided by law to institute a legal procedure in the users’ residence or domicile place.
Effective: September 23, 2013