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NinthChapter is a community where you can submit an original first chapter, read other member’s first chapters, and submit the next chapter of the other members’ previous chapters and participate in a vote to determine what the next chapter of the book will be. This is the NinthChapter User Agreement (the "Agreement") that governs NinthChapter.com. By your use of the NinthChapter.com you signify your acceptance of this Agreement. This Agreement applies to all users accessing the Site, is legally binding
on you, and will affect your rights regarding information and material you
post. If you upload or otherwise add any proprietary material to the Site, the
terms applying to writers apply to you. The terms "you" and "your"
refer to you, the writer/user. The terms "NinthChapter",
"we", "us", and "our" refer to NinthChapter, Inc. 1. Your accountTo contribute to NinthChapter, you must join and create an account ("Account"). By creating an Account, you agree the information you provide is accurate, current, and complete, and that you will keep it up-to-date. You agree not to share or transfer your password or other Account access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your Account and for the confidentiality of any passwords you create to access this Site. All activities under your Account are your responsibility, and you agree not to share or transfer your Account in violation of this Agreement. Should you notice any unauthorized use of your Account, contact NinthChapter immediately at NinthChapterSupport@gmail.com. NinthChapter will not be responsible for any losses that you may incur as a result of someone else using your Account. Each person may only open one (1) Account. To contribute to the Site, you must be at least 13 years of age or older. Once you have created your Account, we encourage you to fill out your "About Me" page with your background information and links to your favorite sites, including your website or blog. In order to maintain NinthChapter as a trusted platform, we reserve the
right to cancel the Account of members who engage in fraudulent behavior or
other unacceptable activities contrary to this Agreement. In the event that NinthChapter
cancels your Account or your access to this Site because of fraudulent or other
unacceptable activities (as defined by NinthChapter) contrary to this Agreement
(including but not limited to registration with multiple accounts, posting
copyright violations, generation of artificial traffic, or other violations of
this Agreement, the law, or the legal rights of a third party), you agree that
the license granted herein to content submitted by you shall not terminate, but
you will agree to forfeit all rights you may have to your Account and to any
then accrued or future earnings from the Site or by NinthChapter with respect
to any material you previously submitted. If NinthChapter cancels your account,
and you feel this was done in error, please contact us at NinthChapterSupport@gmail.com. 2. Your privacy on NinthChapterThe Privacy Policy sets forth the standards for the way we handle your personal information. By using NinthChapter, you consent to our collection, use, and disclosure of the information you give to us in accordance with the Privacy Policy. Please read our Privacy Policy for more information about our information collection and use practices. 3. Rights to submitted articles and other content NinthChapter does not claim ownership of the content you publish on the Site. After publishing content on the Site, you (or a third party who permitted you to publish their content on the Site) continue to retain all ownership to the content, subject to the license terms described herein, and you continue to have the right to use the content in any way you choose. In exchange for your services and granting NinthChapter a license to use your content, NinthChapter provides you with recognition as defined herein.
4. Site usage requirements When you read or in any other way use the content (that is not of your own creation) on NinthChapter, you agree to the following site usage requirements:
5. Activity payment structureNinthChapter shares a portion of its revenue with its active members based on their level of activity and value that each member brings to the Site. NinthChapter's revenue sharing model is dependent on whether or not the chapter you submit is voted on and included in a finished book and how many copies of that book is sold. A fixed percentage of income generated from book sales will be distributed equally among those whose chapter was included in the finished book. The payment calculator we use to determine your earnings is based on proprietary technology we have developed. While we believe that this system will work for the foreseeable future, we want to continue to bring you the most up-to-date technology and calculation models possible. For that reason, we reserve the right to change the program, or the conditions of participation, at any time, with or without notice to you. Any changes will be reflected in this Agreement. In the event of your death, your Account and the right to continue to receive earnings for the services and content you provided to NinthChapter may be transferred to your heirs in accordance with this Agreement and applicable law; provided, however, in order to continue to receive earnings from your NinthChapter contributions your heir(s) must remain active on the site and agree to be subject to this Agreement. The transfer to your heir(s) of the Account and the right to continue to receive earnings from your content is conditional upon your heir(s) providing NinthChapter with legal proof of death, in its discretion, and your bequest of your Account within six months of your death. Failure to provide such proof in a form as agreed to by NinthChapter will render any such transfer null and void. Payment Structure: NinthChapter Sub-Licensing Your Writing In the event that NinthChapter is able to generate additional earnings from
a member's content, either directly such as providing the content to other
publishers, or indirectly, NinthChapter's promise to its members is that we
will always share a portion of the earnings with the member providing such
content. 6. Content submission requirements and termsThe following list outlines the rules for content submissions on this Site. Please follow these rules; if you don't, NinthChapter will likely be forced to cancel your Account.
7. IndemnityYou agree to indemnify and hold NinthChapter, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim, damage, expense or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) materials that you submit, post, or upload to the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of this Agreement, (e) your violation of any rights of another party, or (f) violations to this Agreement or the rights of a third party by your dependents. 8. NinthChapter intellectual property and proprietary rightsYou acknowledge and agree that the materials available on the Site, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, the software used in connection with the Site, and any compilations of the foregoing ("NinthChapter Content") contain proprietary and confidential information that is the property of NinthChapter and its licensors, and is protected by applicable U.S. and international intellectual property and other laws. Third-party content, including site user-posted content (including graphics, video clips, images, trademarks, trade names, characters), trademarks and copyrights is the property of the third parties that market or license that content, and is used by NinthChapter subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or such use is made permissible under other applicable law. Unless expressly authorized in this Agreement or otherwise by NinthChapter, you agree not to download, display, use, modify, rent, lease, loan, sell, distribute or create derivative works of the NinthChapter content in whole or in part, in any publications, in public performances, on websites other than this site, for any commercial purpose, in connection with products or services that are not those of NinthChapter, in any other manner that is likely to cause confusion among consumers, that disparages or discredits NinthChapter and/or its licensors, that dilutes the strength of NinthChapter's or its licensor's property, or that otherwise infringes NinthChapter's or its licensor's intellectual property rights. You further agree to in no other way misuse any content which you do not own that appears on this Site. Except as expressly provided in this Agreement, you are not granted any rights or license to any intellectual property with respect to the NinthChapter Site or its contents. NinthChapter reserves all rights not expressly granted to you under the terms of this Agreement and NinthChapter retains exclusive ownership of the NinthChapter Site, the software used in connection with NinthChapter and all intellectual property associated therewith, including the name "NinthChapter," the NinthChapter logos. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please e-mail NinthChapterSupport@gmail.com. Users who believe that user-posted content includes infringing materials should report it to NinthChapterSupport@gmail.com. 9. Applicable law This Agreement will be governed by and construed in accordance with the laws of the _______________________ without application of its principles of conflicts of laws. By using this Site, you hereby agree that any and all disputes regarding this Agreement will be subject to the exclusive jurisdiction of the federal, state and local courts for ______________________. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void or unenforceable, that provision is deemed severable from the remaining provisions of the Agreement and does not affect the validity and enforceability of any remaining provisions. Different countries have different regulations. NinthChapter makes no representations that the materials on this site are appropriate or legally available for use in locations outside the United States. If you are accessing this Site from jurisdictions where the contents of this site may be illegal, you are solely responsible for complying with all local laws regarding online conduct and acceptable content. By submitting information to this site, you understand and agree that by submitting your information you are transferring it from your country and submitting it to NinthChapter's servers in the United States. BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 10. Modification to site or content If we want to change the Site, our related services and functionalities, fees, payment structures, the terms of this Agreement, our selection of content, or the way we present content, we are free to do so at any time without any prior notice. NinthChapter is a conduit for content you submit, and as such we have the right but not the obligation to screen or otherwise control any content posted on NinthChapter. NinthChapter retains the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Site for any reason, including if we believe it is in violation of this Agreement. Notices to you regarding changes to the Site ad this Agreement may, but will not necessarily, be made via email, regular mail, links to notices on the Site, in a splash or other format upon the Site, depending on the character of message. Your input is also welcome! Your continued use of the Site indicates your acceptance of any changes to this Agreement. 11. Modification or cancellation of your account NinthChapter has the right to cancel your account (or any part thereof), or to exclude you from the Site, if due to fraudulent or other unacceptable activities, at any time in our sole reasonable discretion, with or without prior notice. In case of cancellation, you agree that the license granted herein to content submitted by you shall not terminate, but you will agree to forfeit all rights you may have to your Account and to any then accrued or future earnings from the Site or by NinthChapter with respect to any material you previously submitted. If we decide to cancel your account, the cancellation will not affect your remaining responsibilities to NinthChapter according to this Agreement. If we cancel your account, you may not open a new one under your own or an alternate name/email address. 12. Disclaimer of warranties/limitation of liability NinthChapter makes no representations about the suitability, reliability, availability, timeliness, or lack of viruses or other harmful components of this Site, its content (whether NinthChapter or user-submitted content), or its features, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk, and NinthChapter makes no warranties regarding any transactions entered into through the Site or any service. NinthChapter also makes no representations regarding the amount of time that any content will be preserved. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING NEGLIGENCE, SHALL NinthChapter OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THIS INCLUDES A SPECIFIC WAIVER BY NinthChapter OF ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR TRANSMISSIONS OR CONTENT. DAMAGES AS USED HEREIN INCLUDE WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE NinthChapter OR ANY MATERIALS THAT HAVE BEEN POSTED TO THE SITE, INCLUDING STATEMENTS OR CONTENT OF ANY THIRD PARTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 13. The entire agreement/no partnership This Agreement constitutes the entire agreement between you and NinthChapter and governs your use of the Site and supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and NinthChapter with respect to the site and services. Both you and NinthChapter acknowledge and agree that no partnership is formed and neither you nor NinthChapter has the power or the authority to obligate or bind the other. 14. Waiver The failure of NinthChapter to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 15. Links to third-party websites This Site may hyperlink to sites not maintained or related to NinthChapter. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or NinthChapter, and NinthChapter makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from this Site is subject to the terms of that site's privacy policy, and NinthChapter has no control over how your information is collected, used, or otherwise handled. 16. Software downloads and export controls Software that may be available in connection with this Site is further subject to United States export controls. No software may be downloaded from this Site or otherwise exported or re-exported in violation of United States export laws. Downloading or using the software is at your sole risk. 17. Act of God The failure of NinthChapter to comply with this Agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of NinthChapter, shall not be deemed a breach of this Agreement. 18. Headings The headings in this Agreement are for your convenience and reference. These headings do not limit or affect this Agreement. This Agreement constitutes a binding agreement between you and NinthChapter, and is accepted by you upon your use of the Site. By clicking "I agree" you represent that you are capable of entering into a binding agreement, and that you have reviewed this Agreement and agree to be bound by its terms. Privacy PolicyWhat This Privacy Policy Covers
Information Collection and Use General
Children
Information Sharing and Disclosure
Cookies
Account Information and Communications
Confidentiality and Security
Links and Third Party Ads
Changes to this Privacy Policy
Questions
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