Terms of Use

Terms and Conditions

 Agreement between User and www.ninertimes.com

Welcome to www.ninertimes.com. The www.ninertimes.com website (the “Site”) is comprised of various pages operated by Student Niner Media Department of the University of North Carolina at Charlotte (“Student Niner Media”). www.ninertimes.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.ninertimes.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

www.ninertimes.com is a News and Information Site.

The mission of Student Niner Media is to serve the campus community with forums for free exchange of ideas and dissemination of news and information. Student Niner Media provides an outlet for creative expression.

Privacy

Your use of www.ninertimes.com is subject to Student Niner Media’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.ninertimes.com or sending emails to Student Niner Media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Student Niner Media does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ninertimes.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.ninertimes.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of the Student Niner Media and Student Niner Media is not responsible for the contents of any Linked Site. Student Niner Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Student Niner Media of the site or any association with its operators.

Certain services made available via www.ninertimes.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ninertimes.com domain, you hereby acknowledge and consent that Student Niner Media may share such information and data with any third party with whom Student Niner Media has a contractual relationship to provide the requested product, service or functionality on behalf of www.ninertimes.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted non-executive, non-transferrable, revocable license to access and use www.ninertimes.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant Student Niner Media that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Student Niner Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, creative derivative works, or in any way exploit any of the content, in whole or part, found on the Site. Student Niner Media content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Student Niner Media and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Student Niner Media or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Student Niner Media has no obligation to monitor the Communication Services. However, Student Niner Media reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Student Niner Media reserves the right to terminate your access to any or all Communication Services at any time without notice for any reason whatsoever.

Student Niner Media reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or remove any information or materials, in whole or in part, in Student Niner Media’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Student Niner Media does not control or endorse the content, messages or information found in any Communication Service, and therefore, Student Niner Media specifically disclaims any liability with regard to the Communication Services any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Student Niner Media spokesperson, and their views do not necessarily reflect those of Student Niner Media.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.ninertimes.com or Posted on Any Student Niner Media Web Page

Student Niner Media does not claim ownership of the materials you provide to www.ninertimes.com (including feedback and suggestions) or post, upload, input or submit to any Student Niner Media Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Student Niner Media, our affiliated companies and necessary sublicensees permission to use you Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to your Submission, as provided herein. Student Niner Media is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Student Niner Media’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Student Niner Media from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Student Niner Media Content accessed through www.ninertimes.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Student Niner Media, its officers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fee) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation to any applicable laws, rules or regulations. Student Niner Media reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Student Niner Media in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STUDENT NINER MEDIA DEPARTMENT OF THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE AND/OR ITS SUPPLIERS MAKE NO REPRESENATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELESSNESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. STUDENT NINER MEDIA DEPARTMENT OF THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDENT NINER MEDIA DEPARTMENT OF THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFOMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STUDENT NINER MEDIA DEPARTMENT OF THE UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Student Niner Media reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Student Niner Media as a result of this agreement or use of the Site. Student Niner Media’s performance of this agreement is subject to the existing laws and legal process, and nothing contained in this agreement is in derogation of Student Niner Media’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Student Niner Media with respect to such use. If any part of this agreement is determined to be invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between user and Student Niner Media with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Student Niner Media with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Student Niner Media reserves the right, in its sole discretion, to change the Terms under which www.ninertimes.com is offered. The most current version of the Terms will supersede all previous versions. Student Niner Media encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Student Niner Media welcomes your questions or comments regarding the Terms:

Student Niner Media

University of North Carolina at Charlotte

9201 University City Blvd.

PMSU 042A

Charlotte, NC 28223

Email Address:

studentmedia@uncc.edu

Telephone number:

704-687-7129

Effective as of July 24, 2019