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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE

By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise noted, all materials, including, but not limited to, news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by The Whole 9, Inc. ("as "The Whole 9 ", "TW9”, "Site", “Service” or “Portfolios”"), or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Site.

No Content from the Site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from The Whole 9, or the copyright holder identified in the copyright notice contained in the Content.

If you wish to build a hyperlink to the Site, you may do so provided you agree to cease such link upon request from The Whole 9. No other use is permitted without prior written permission of The Whole 9.

Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content is strictly forbidden.

Modification of the Content or use of the Content for any other purpose is a violation of The Whole 9's copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other web site or networked computer environment is prohibited. All trademarks, service marks and trade names are proprietary to The Whole 9.

COPYRIGHT POLICY/DMCA NOTICE

You may not post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on The Whole 9 in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA):

• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• A written 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.
• Your address, telephone number, and email address.
• A description of where the material that you claim is infringing is located on The Whole 9 including the URLs of web pages and/or hyperlinks.
• A description of the copyrighted work that you claim has been infringed.
• An electronic or physical signature of the owner of the copyright interest or of the person authorized to act on behalf of the owner.

The Whole 9's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached as follows:

The Whole 9
Attn: General Counsel
6101 Washington Blvd.
Culver City, CA 90232
United States Of America

USAGE BY CHILDREN UNDER 13

The Site is directed to adults over the age of 21 and is not directed to children under the age of 13. The Whole 9 cannot prohibit minors from visiting the Site. The Whole 9 must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. The Whole 9 complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever The Whole 9 collects data within the Site, such as during the registration process.

MEMBER ACCOUNT

If you register as a user of this Site, you will be assigned a member name and password that is unique to you. You are responsible for maintaining the confidentiality of the member name and password, and responsible for all activities that occur under your member name and password.

EMAIL AND PUBLIC COMMUNICATION

"Forum" means letters, emails or other types of communications to the editors, Webmaster(s) or employees of The Whole 9, and messages posted in connection with online discussions on the Site. You shall not upload to, distribute through, or otherwise publish through a Forum on the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

Subject to the terms of The Whole 9 privacy policy, in general, we will not monitor or edit the contents of Forum materials unless required in the course of normal maintenance of the Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on The Whole 9; (2) protect and defend the legitimate business interests, rights or property of The Whole 9, its users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our members or the public. Users shall remain solely responsible for the content of their communications. The Whole 9 has the right but not the obligation to monitor and edit or remove any Forum communications and content.

GRANT OF LIMITED LICENSE TO TW9

At times, the Site will create content to promote the Site and its members, or to communicate with its members. Said promotional content may include low-resolution copies of material uploaded by the Site's members. By uploading materials to the Site or submitting any materials to us, members agree that the Site is granted a non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to the Service (the "Submitted Materials") for the purposes of (i) display on the member's personal pages and (ii) in the public site as submitted by the user and (iii) in promotional and communications material created for the express purpose of promoting the Site and its members. The Site disclaims ownership of "Submitted Materials" and will not resell or otherwise convey these rights to any third party. You also grant to the Site the right to use your name in connection with the Submitted Materials.

PRIVACY

Registration data and certain other demographic information about you are subject to The Whole 9's privacy policy. For more information, see our Privacy Policy, which is incorporated in full herein by reference.

INDEMNIFICATION

You agree to indemnify, defend and hold The Whole 9 harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of this Agreement or use of the Site.

NON-TRANSFERABILITY

Your right to use this Site is not transferable. Any password or right given to you to obtain information is not transferable.

JURISDICTION

The Site is controlled and operated by The Whole 9 from its offices within the State of California. The Whole 9 makes no representation that Content on the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

All users, including those users who access the Site from a country other than the U.S., agree that the laws of the State of California shall govern any dispute, including those arising from The Whole 9's use of personal information or otherwise relating to privacy, as specified in the Privacy Policy.

TERMINATION

These terms are effective until terminated by either party. You may terminate your membership to The Whole 9, without any penalty or obligation, at any time. To cancel this agreement, select the Please Delete My Account Completely option on the Account Information page.

The privileges granted to you by these terms, including the maintenance of a member account, will terminate immediately without notice from The Whole 9 if, in The Whole 9's sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the Site and all copies thereof, whether made under these terms or otherwise. The Whole 9 may take such further action as The Whole 9 determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and The Whole 9 shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from The Whole 9's exercise of its rights under these terms and conditions.

DISCLAIMER

The Whole 9, including its officers, directors, agents, subsidiaries and employees, is not responsible for any incorrect or inaccurate content posted on The Whole 9, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of The Whole 9 whether online or offline. The Whole 9 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. The Whole 9 is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with The Whole 9. Under no circumstances shall The Whole 9 be responsible for any loss or damage resulting from anyone's use of The Whole 9 and/or any content posted on The Whole 9 or transmitted to The Whole 9 Members. The Whole 9 is provided "AS-IS" and The Whole 9 expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Whole 9 cannot guarantee and does not promise any specific results from use of The Whole 9.

LIMITATION OF LIABILITY

Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will The Whole 9 be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use The Whole 9, even if The Whole 9 has been advised of the possibility of such damages. You further agree to hold The Whole 9, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, The Whole 9's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Whole 9 for the service during the term of membership.

NOT LEGAL ADVICE

The Content contained on the Site has been prepared by The Whole 9 as a service to its members and the Internet community and is not intended to constitute legal advice. The Whole 9 has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Site. Users of information from the Site or links do so at their own risk.

OTHER PRODUCTS

Any reference made by the Site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by The Whole 9. Content on the Site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The Whole 9.

LINKS TO OTHER WEB SITES AND SERVICES

To the extent that the Site contains links to outside services and resources, The Whole 9 does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of California. Any and all disputes arising out of or related to these Terms of Use and/or your relationship with The Whole 9 and/or your use of The Whole 9 shall be submitted to binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. All parties submit to exclusive jurisdiction in Los Angeles County, California. The arbitration shall take place exclusively in Los Angeles County, California at JAMS before a retired judge and shall be governed by California law without regard to its conflict of law provisions. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Site and these Terms of Use must be filed within one (1) year of the date the cause of action arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by The Whole 9. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The Whole 9's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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