These Terms of Use (“Terms of Use”) describe the terms upon which you may access and use the Solution Square, Inc. (doing business as Red9) (“Red9”) website (“Site”) and services (“Services”) or Site and Services as Red9 Platform (“Platform”). By using the platform, you affirm that you have read and accept all of the following terms and conditions, which may be updated from time to time without notice to you. Your continued use of this Platform after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this Platform. If you are an individual acting on behalf of a corporation or other legal entity, you represent that you have authority to agree to these Terms of Use on behalf of the legal entity. If you do not agree to these Terms of Use, then you may not access or use the Platform or any materials, documentation, information or software published or otherwise made available on the Platform (collectively the “Content”).
1. Software. Any software (“Software“) that is made available to you to download from this Platform is the copyrighted work of Red9 and/or one or more third parties. Your use of Software is governed by the terms of the applicable license which accompanies, is included with, or referenced in the Software, such as in a “readme” file (“License“), and you agree to abide by applicable Licenses. These Terms of Use shall not be deemed to replace or otherwise amend any rights or obligations which may exist pursuant to Software licensed pursuant to an applicable version of the GNU General Public License or Lesser General Public License.
2. Trademarks. The trademarks, logos and service marks (“Marks”) displayed on Platform or in Content are the property of Red9 or other third parties. You are not permitted to use these Marks without the prior written consent of Red9 or the applicable third party owner of the mark.
2.1 Trademark Policy.This Trademark Policy is to ensure that users of Red9-branded products or services know that what they receive has really been developed, approved, tested and maintained by Red9. Trademarks help to prevent confusion in the marketplace, by distinguishing one company’s or person’s products and services from another’s. Red9 owns a number of marks, including but not limited to Red9, plus the distinctive visual icons and logos associated with these marks. Both the unregistered and registered marks of Red9 are protected.Use of any Red9 trademark in the name, URL, or other identifying characteristic of any product, service, website, or other use is not permitted without Red9’s written permission with the following three limited exceptions.
First, you may use the appropriate Red9 mark when making a nominative fair use reference to a bona fide Red9 product. Second, when Red9 has released a product under a version of the GNU General Public License (“GPL”), you may use the appropriate Red9 mark when distributing a verbatim copy of that product in accordance with the terms and conditions of the GPL. Third, you may use the appropriate Red9 mark to refer to a distribution of GPL-released Red9 software that has been modified with minor changes for the sole purpose of allowing the software to operate on an operating system or hardware platform for which Red9 has not yet released the software, provided that those third party changes do not affect the behavior, functionality, features, design or performance of the software. Users who acquire this Red9-branded software receive substantially exact implementations of the Red9 software.
Red9 reserves the right to revoke this authorization at any time in its sole discretion. For example, if Red9 believes that your modification is beyond the scope of the limited license granted in this Policy or that your use of the Red9 mark is detrimental to Red9, Red9 will revoke this authorization. Upon revocation, you must immediately cease using the applicable Red9 mark. If you do not immediately cease using the Red9 mark upon revocation, Red9 may take action to protect its rights and interests in the Red9 mark. Red9 does not grant any license to use any Red9 mark for any other modified versions of Red9 software; such use will require our prior written permission.
Neither trademark law nor any of the exceptions set forth in this Trademark Policy permit you to truncate, modify or otherwise use any Red9 mark as part of your own brand. In all cases, you must comply with applicable law, the underlying license, and this Trademark Policy, as amended from time to time. For instance, any mention of Red9 trademarks should include the full trademarked name, with proper spelling and capitalization, along with attribution of ownership to Red9. In the event of doubt as to any of the conditions or exceptions outlined in this Trademark Policy, please contact [trademarks at red9.com] for assistance and we will do our very best to be helpful.
3. Copyrights and other Intellectual Property. You acknowledge that Red9 or its licensors own the copyright and all other intellectual property rights to this Platform and all Content provided on this Platform, unless otherwise expressly indicated. All Content and other content on this Platform is protected by U.S. and international copyright, trademark and other laws. All rights are reserved by Red9 (or its licensors, if applicable), and you agree not to copy, reproduce, download, disseminate, publish, or transfer Content in any form or by any means, except with Red9’s prior written permission or as permitted in a separate written agreement or, in the case of Software, as permitted in an applicable License Agreement. Any unauthorized use is strictly prohibited.
3.1 Copyright Policy. Except where otherwise noted, all Content on this website is copyright © Solution Square, Inc. doing business as Red9 (“Red9”), 2003-2024, and all rights are reserved to Red9 (or its licensors, if applicable). Some Content is available under another license, such as one of the Creative Commons licenses, and is explicitly marked as such.
Any Software that is made available to you to download from this website is the copyrighted work of Red9 and/or one or more third parties. Your use of any such Software is governed by the terms of the applicable license which accompanies, is included with, or referenced in the Software, such as in a “readme” file, and you agree to abide by applicable licenses. The Terms of Use shall not be deemed to replace or otherwise amend any rights or obligations which may exist pursuant to Software licensed pursuant to an applicable version of the GNU General Public License or Lesser General Public License.
4. Warranty Disclaimer. THIS PLATFORM AND ALL CONTENT, SOFTWARE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THIS PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RED9 AND ITS AFFILIATES DISCLAIM ANY AND ALL GUARANTEES OR WARRANTIES WITH RESPECT TO THIS PLATFORM AND ALL CONTENT, SOFTWARE, AND ANY OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED IN CONNECTION WITH THE PLATFORM, INCLUDING ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, NON-INFRINGEMENT, OR SYSTEM INTEGRATION. RED9 MAKES NO WARRANTY THAT: (i) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY CONTENT, SOFTWARE, PRODUCT OR SERVICE WILL BE ACCURATE OR RELIABLE; OR (iii) THE QUALITY OF ANY SOFTWARE, PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL (INCLUDING SOFTWARE OR OTHER CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS PLATFORM IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS PLATFORM OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY RED9 AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
5. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, RED9 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR ANY CONTENT, EVEN IF YOU OR RED9 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (i) THE USE OF OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PLATFORM; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS, CONTENT OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (iv) SOFTWARE, CONTENT OR OTHER INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
6. Rights in Materials. By submitting, posting, displaying, publishing or making available to Red9 any content, messages, text, files, images, photos, video, sounds, profiles T PERMITTED BY LAW, Red9 IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR ANY CONTENT, EVEN IF Red9 HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE PLATFORM; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PLATFORM; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS, CONTENT OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) SOFTWARE, CONTENT OR OTHER INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
7. Submission of Ideas. Neither Red9 nor any of its employees and contractors accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Red9 products or marketing strategies might seem similar to ideas submitted to Red9. Please do not send your unsolicited ideas to Red9 or anyone at Red9. If despite our request that you not send us your ideas and materials, you still send them, please understand Red9 makes no assurances that your ideas and materials will be treated as confidential or proprietary.
8. Export Control; Availability. By using this Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Red9 makes no claim that Content contained on this Platform is appropriate or may be downloaded outside the United States. If you access this Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Platform may be administered and operated from various locations inside and outside the United States. If you use this Platform from other locations, you are responsible for compliance with applicable local laws. Red9 makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact, certain products and services may not be available worldwide.
8.1 Export Control. By using this Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Red9 makes no claim that Content contained on this Platform is appropriate or may be downloaded outside the United States. If you access this Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Platform may be administered and operated from various locations inside and outside the United States. If you use this Platform from other locations, you are responsible for compliance with applicable local laws..
9. Acceptable Use. Your use of the Platform is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate any such laws or regulations. Any attempt by any person to deliberately damage this Platform is a violation of criminal and civil laws. Red9 reserves the right to seek damages from any such person to the fullest extent permitted by law.
When accessing or using this Platform or posting articles, comments or other content, you agree to the following rules/restrictions and acknowledge that violation of any of them constitutes grounds for immediate termination of your access to all or any portion of the Platform without further notice, in our sole and absolute discretion:
(a) You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
(b) You will not use the Platform in any manner that may be considered objectionable, such as by using the Platform to upload, post, display, or otherwise transmit any Materials or other Content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, derogatory, obscene, pornographic, libelous, invasive of another’s privacy or public rights, gives rise to civil or criminal liability or otherwise violates any applicable law.
(c) You will not violate or attempt to violate the security of the Platform, use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, or take any action that imposes an unreasonable or disproportionately large load on Red9’s infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
(d) You will not use or launch any automated device, process or system, including “robots,” “spiders,” “offline readers,” or other mechanisms, that (i) accesses the Platform in a manner that sends more request messages to Red9 servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser, or (ii) seeks to retrieve, index, “data mine,” or otherwise access Content.
(e) You will not harvest, collect, or use information about Platform visitors.
(f) You will not engage in any activity that restricts or inhibits any other user from using or enjoying the Platform or any Content, whether by “hacking,” “cracking,” “spoofing,” or defacing any portions of the Platform.
(g) You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Platform and will not use the Platform for unlawful purposes.
(h) You will not post, upload, email, link to, or otherwise transmit any Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Platform or impair others’ ability to enjoy the Platform, or the proper functioning of any software, hardware, equipment or materials used in connection with the Platform.
(i) You will not post or transmit through this Platform any advertising or commercial solicitations; promotional materials relating to Platform or online services which are competitive with Red9 and/or this Platform; political campaign materials; chain letters; mass mailings, or spam mail.
(j) You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
(k) To the extent that Red9 requires a password to access any product or service, or any portion of the Platform, you agree (i) to provide Red9 with accurate, complete and up to date information; (ii) to update your information to keep it accurate, current and complete; and (iii) comply with these Terms of Use. Failure to provide accurate information constitutes a breach of the Terms of Use, which may result in immediate termination of your right to access this Platform. Furthermore, you agree that you will not (i) give your password to anyone, (ii) use the Platform as the agent of a third party, (iii) allow any third party to use your account, (iv) sell or transfer your use of or access to this Platform or permit anyone else whose account was suspended or terminated to use this Platform through your user name or password, or (v) select a username that impersonates someone else, is intended to disguise the user’s identity, is or may be illegal, may be protected by trademark or other proprietary rights, is vulgar or offensive, or may cause confusion. Red9 reserves the right to reject any user name at Red9’s sole discretion. If any security breach or unauthorized use of your account occurs, you will notify Red9 immediately in writing or via email. Red9 will not be liable for any loss you incur as a result of someone else using your password and account with or without your permission.
(l) You will use the Platform and its Contents solely for your personal, noncommercial use.
(m) You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Platform, including any Content, for any public and/or commercial use without the prior written permission of Red9.
10. Privacy. We collect Personal Data from you at the time of using the Platform. The purpose of the data collection is to create an account, communicate with you about your use of the Platform, and provide marketing content that may be relevant to you. “Personal Data” includes information that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. You can opt-out of receiving marketing communication at any time. Please see Red9’s Privacy Policy for more information about data collection, your rights, and how to opt out of marketing communication.
11. Monitoring. Red9 has the right, but not the obligation, to monitor the Content of this Platform, to determine compliance with these Terms of Use and any other operating rules established by Red9. Red9 has the right in our sole discretion to edit, refuse to post or remove any Material or other Content submitted to or posted on this Platform that we find, in our sole discretion, to be in violation of these Terms of Use or otherwise inappropriate, offensive, objectionable or contrary to any Red9 policy. You are solely responsible for any Materials you post, transmit or otherwise make available on this Platform. You acknowledge and agree that Red9 does not have any liability for any action or inaction with respect to any conduct, communication or posting on this Platform.
12. Telemetry Data. Red9 may collect Telemetry Data about your use of the Platform and Software. The purpose of collecting Telemetry Data is to deliver better service and products. The data collected helps Red9 understand the use and adoption of products and identify where to focus development resources (e.g. whether to release patches for legacy versions of software that are not fully supported). “Telemetry Data” means data that is typically limited to product data, including software version, installation method, uptime, and geographic region.
13. Links to Other Sites. For your convenience, the Platform may contain links to other sites and resources; we do not control any of those sites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of any information, product or service made available on those sites. Use of those sites or any information, product or service obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. The inclusion of any link to a third party website does not imply endorsement by Red9 of the website or the associated organization, information, products or services.
14. Notice of Data Processing. In accordance with applicable legal requirements, this notice is being provided to you at the earliest of one month of Red9 obtaining your business contact information or our first marketing communication to you.
14.1 Information Collection. Red9 contracts with third party entities to collect business contact information for employees or representatives of companies that may be interested in Red9 services. These third parties include the companies (Hubspot, DiscoverOrg, Google Adwords, Taboola, CBS Interactive, Quinstreet, Twitter Advertising, Facebook Advertising, IDG Advertising, Emedia, Pure B2B, Bizible, SurveyMonkey, QuickTap Survey) and Red9 Partner Programs (AWS Partner Program, Microsoft Partner Program, Google Advertising, Severalnines, VividCortex, Digital Ocean) that collect business contact information for the purpose of distributing or selling the information for direct marketing purposes. One of these companies collected your contact information and provided it to us pursuant to our contractual relationship with the company. The information collected is limited to the following:
- Name
- Company Name
- Business Telephone Number
- Business Email Address
- Job Title
- Job Function/Responsibilities
This information was collected by a third party through an in-person request, public sources, or other third-party data providers. The third party that collected your information does not provide Red9 with any non-business-related data or sensitive data.
14.2 Purpose and use. Red9 processes your information for its legitimate interest in direct business-to-business marketing purposes. Red9 only uses your business contact information for the purpose of contacting you on your business telephone or business email address to market Red9 services or provide information about Red9. We do not use this information for any other purpose, and we do not sell, transfer, or provide this information to any third party for its use.
14.3 Data updates. Our third parties endeavor to provide the most accurate information possible. If your information was collected by DiscoverOrg, then DiscoverOrg verifies the accuracy of all information provided on an ongoing basis and checks each record at least once every 60 days. Data that DiscoverOrg identifies as inaccurate is updated or, if the information cannot be verified, the information is removed from DiscoverOrg’s databases.
14.4 Your rights. With respect to your information that Red9 possesses, you have the rights of access, rectification, erasure, and restriction or processing. You also have the right to object to processing. You may exercise any of these rights by contacting Red9 using the information below. You may request access to the information Red9 has about you, as well as the correction, amendment, or deletion of any information about you that is inaccurate. Red9 will respond to requests for access, rectification, erasure, restriction, and objecting in accordance with its internal policies and applicable legal requirements. If you feel that we have not complied with your requests, you have the right to lodge a complaint with the appropriate supervisory authority in your country.
14.5 Opt-out. You have the right to opt-out of any marketing communication by either clicking the “unsubscribe” link at the bottom of a marketing email or by emailing [privacy @ red9 dot com]. If one of our contracted third parties informs us that you object to the processing of your information or opt-out of communication, and they will let us know about the objection or opt-out, Red9 will remove you from its marketing list.
14.6 Data retention. Unless you opt-out or enforce your right to object to processing, Red9 will retain your business contact information for two years from the last date of communication or interaction with you.
14.7 Information Security
14.7.1 Security Controls. Red9 maintains suitable physical, administrative, and technical safeguards to protect Red9 data (including your data) from unauthorized access, disclosure, alteration, or destruction. Red9 requires its third-party contractors and service providers to maintain information security controls at least as stringent as those that Red9 uses to protect data.
14.7.2 Transfer to Other Countries. If Red9 transfers any of your business contact information out of the country where it was originally collected, Red9 will ensure that the transferring and receiving entities comply with suitable security safeguards. If your data that originated or is processed in the EEA is transferred to a Red9 affiliate or controlled entity outside of the EEA, Red9 and the receiving entity are contractually required to agree and abide by the EU Standard Contractual Clauses for the transfer of personal data from the EEA to Processors established in non- EEA countries that do not provide an adequate level of data protection, approved by EC Commission Decision of 5 February 2010, as currently set out at EUR-Lex.
14.8 Contact information. If you have any questions regarding this notice or Red9’s privacy practices, please review the Red9 Privacy Policy or contact us at [privacy at red9 dot com]. Red9 reserves the right to update this notice and will provide a revised notice as required by law.
15. Credit Card Policy. Red9 intends to prosecute any fraudulent credit card orders to the fullest extent ALLOWED by law.
16. Indemnification. You agree to indemnify and hold harmless Red9 and its affiliates and its subsidiaries, and their officers, directors, members, shareholders, predecessors, successors in interest, employees, agents and licensors, from any and all claims, losses, liability costs and expenses (including attorneys’ fees) due to or arising from: (i) any Content that you may submit, or (ii) your violation of these Terms of Use, state or federal laws or regulations, or any third party rights, including claims of copyright, trademark or patent infringement, defamation, harassment, invasion of privacy or fraud, claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such Content, claims due to disruption or malfunction of services provided (pertaining to the submitted Content), even if such Content is reviewed by Red9 prior to publishing on the Platform.
17. Term & Termination. These Terms of Use are effective upon your accessing the Platform and shall continue in full force until terminated by Red9. In its sole and absolute discretion and without notice, and at any time and for any reason, Red9 reserves the right to: (a) suspend your access to any restricted portion of the Platform; and/or (b) remove or disable your access to any restricted portion of the Platform. If applicable, upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the relevant portions of the Platform.
18. Governing Law/Jurisdiction. Any dispute with respect to the Platform or any product or service offered or provided in connection with this Platform, including any Content, shall be governed by the laws of the State of Georgia, excluding its conflicts of laws rules and any implementation of the Uniform Computer Information Transactions Act, and without giving effect to the United Nations Convention on Contracts for the International Sale of Goods. All visitors to the Platform submit to the exclusive jurisdiction of the state and/or federal courts of the State of Georgia. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and Red9 may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.
19. Eligibility. Red9 products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Red9 products and services are not available to minors under the age of 18. By visiting this Platform or making any purchases through this Platform, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Platform, such as your name, address and billing information, is complete and accurate.
20. Digital Millennium Copyright Act Notice. If you believe that your work has been made available by means of this Platform in a manner that constitutes copyright infringement, please immediately notify Red9’s copyright agent, designated below, by means of a notice that includes the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(c) a description of the allegedly infringing material that is to be removed or disabled and the location of such material on the Platform;
(d) your contact information, including your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.
To file a counter-notification with us, please provide the following information to Red9’s copyright agent, designated below:
(a) a description of the material that Red9 has removed or to which Red9 has disabled access;
(b) your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Baltimore County, Maryland, if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person;
(c) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
(d) your electronic or physical signature.
Notices of infringement and counter notifications should be sent to Compliance Manager, Copyright Agent for Red9:
Compliance Manager, Red9, email to [legal at red9 dot com], with subject line of: DMCA.
21. Revisions. Red9 may revise these Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted. Your continued access to or use of the Platform after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Platform and all Content. In addition, in our sole discretion, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices generally on our Platform.
22. Miscellaneous. Any use of the term “include” or “including” shall mean “include without limitation” and “including without limitation,” respectively. You will not assign or sublicense these Terms of Use or any of your rights or obligations hereunder, without the express written consent of Red9, which may be withheld in its sole and absolute discretion. Subject to the foregoing, these Terms of Use will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms of Use will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms of Use will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms of Use contain the entire agreement between you and Red9 regarding use of the Platform.
By subscribing to our Platform you agree to the foregoing terms and conditions. You also consent to the collection of personal data and agree to receive communication from Red9. We will collect and process your personal data in accordance with the Red9 Privacy Policy. You can opt-out of marketing communication at any time by updating your email preferences or contacting us at [privacy at red9 dot com].