Serious Stuff

Terms Of Service

Welcome to the YooDara website!

This YooDara website, all of its characters, its content and the designs for the YooDara dolls and their outfits are owned by DIMENSION 9, LLC, a company based in Prescott, Arizona, USA. The terms and conditions contained in this document, the "Terms of Service," govern the relationship between YOU, the User, and Dimension 9, LLC.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ENTERING OR USING THE YOODARA WEBSITE (hereinafter the "Site") AND BEFORE YOU CONDUCT ANY ACTIVITY ON OUR SITE WHICH MAY INVOLVE THE USE OF OUR SITE AND SERVICES (hereinafter the "Service" or the "Services"). YOU MAY ALSO BE REQUIRED TO CREATE AN ACCOUNT OR REGISTER ON THE SERVICE (hereinafter your "Account") PRIOR TO USING THE SERVICE.

IN THIS AGREEMENT (hereinafter the "AGREEMENT"), DIMENSION 9, ITS SUCCESSORS AND ASSIGNS WILL BE REFERRED TO AS "US" OR "WE" OR "OUR," AND YOU ARE REFERRED TO HEREIN AS "YOU" or "YOUR."

BY TOUCHING THE "I AGREE" BUTTON AT THE END OF THIS PAGE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT SUBMIT INFORMATION FOR INCLUSION ON OUR SITE AND PLEASE DO NOT ACCESS INFORMATION ON OUR SITE. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED THIS AGREEMENT AND HAS AGREED TO THE TERMS OF USE.

DIMENSION 9, IN ITS SOLE DISCRETION, MAY, FROM TIME-TO-TIME, REVISE AND AMEND THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCESS OUR SITE REGULARLY, YOU MAY MISS OUR NOTIFICATION OF AMENDMENTS. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS REGULARLY. YOU WILL BE DEEMED TO HAVE ACCEPTED SUCH CHANGES BY CONTINUING TO USE THE SERVICE. NO CHANGES OR AMENDMENTS TO THE TERMS OF SERVICE SHALL APPLY TO ANY DISPUTE OR ACTION TO WHICH DIMENSION 9 HAS HAD ACTUAL NOTICE BEFORE THE DATE OF ANY AMENDMENT. PLEASE ALSO READ OUR PRIVACY POLICY, AVAILABLE UNDER A SEPARATE TAB AT THE BOTTOM OF OUR HOME PAGE. ALL AMENDED TERMS SHALL BECOME EFFECTIVE THIRTY DAYS AFTER THEY ARE FIRST POSTED ON THE SITE.

IF AT ANY TIME YOU DO NOT AGREE WITH ANY PORTION OF THE THEN-CURRENT TERMS OF USE, PRIVACY POLICY OR ANY OTHER DIMENSION 9 TERMS AND CONDITIONS, CODE OF CONDUCT OR POLICY RELATING TO YOUR USE OF THE SERVICE, YOUR LICENSSE TO USE THE SERVICE WILL TERMINATE IMMEDIATELY AND YOU MUST STOP USING THE SERVICE IMMEDIATELY.

THE LAST MODIFICATION OR UPDATE OF OUR TERMS AND CONDITIONS WAS UPLOADED TO THE SITE ON OCTOBER 1, 2011.

Right To Use

YOUR right to use the Site and the Services is subject to the limitations, conditions and restrictions established by Us from time-to-time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including any feature, database or any content in our sole discretion, whether it is a paid-for-use feature or a free of charge feature. We may also impose limits or restrict access to parts of our Site without notice to YOU and without liability. We will also make any changes to Our Site, these Terms of Use and the Privacy Policy to reflect any changes in applicable laws, regulatory rules or requirements necessary to maintain Our Customers' security.

Subject to YOUR selecting "I AGREE" at the end of this document, and, based upon YOUR voluntary compliance with these Terms of Service, Dimension 9 grants to YOU a non-exclusive, revocable, non-transferable limited license to use the Service solely for non-commercial purposes. YOUR license requires YOU to agree that YOU will not use the Site for any other purpose, legal or otherwise.

YOU must be at least thirteen (13) years of age to use our Site. Our site and designs are made for use by persons over the age of thirteen years of age. We reserve the right to terminate any account where any information is collected from persons under the age of thirteen. WE RECOMMEND THAT PARENTS AND GUARDIANS PLAY ON THE YOODARA SITE TOGETHER WITH THEIR CHILDREN.

YOUR right to use this Site requires that YOU use common sense and caution with every dealing.

YOU must provide all necessary equipment, bandwidth, computer programs, power and any other device or software necessary to connect to the Internet, to Our Site and to interpret and display the images Our Site transmits to YOU via the Internet. YOU are responsible for any internet connection fees, mobile fees or other fees that YOU incur when accessing the Site or Service.

Code Of Conduct

YOU agree to use our Site and Services with the following Code of Conduct:

  1. YOU shall not create an account on Our Site nor shall YOU maintain an account on this Site if YOU are under the age of thirteen;
  2. YOU agree to monitor YOUR Account to assure use by persons under the age of thirteen are not allowed to access the Site. YOU accept full responsibility for unrestricted or unmonitored use of the Site by persons under the age of thirteen and YOU accept and will not under any circumstances dispute any charges on YOUR credit card when charges are posted to the credit card initiated by a person under the age of thirteen years whom YOU were responsible for supervising and failed to maintain adequate supervision while such person was on the Service;
  3. YOU shall not create an Account, access an Account or use the Service if YOU have been previously removed or banned from the Service or if YOU are a convicted sex offender;
  4. All information provided to YOU is private and confidential and use of the information is limited to YOUR private use. Any collection of information or further distribution of information found on this site is prohibited including, but not limited to use of any software or mechanical mechanism that actively or passively collects information such as web bugs, cookies, spyware, spiders, network analyzers, packet sniffers and the like;
  5. YOU agree not to use our Site or the Services in any manner that is offensive, harassing, abusive, slanderous or defamatory to any other person and YOU agree not to post any information on this Site (including but not limited to photographs, images, language in chat rooms, descriptive information and the like) that is in any way libelous, slanderous, defamatory, racist, pornographic or obscene;
  6. YOU will not include anything in any message or posting on the Site that distributes any virus, Trojan horse, easter egg or other computer programming routines that detrimentally interfere with any system or personal information nor will YOU do anything that would otherwise inflict harm on the Service, the Service's system or any other person's computer or operating system or cause our internet service provider to cancel or terminate provision of its service to us due to any action taken by YOU (We expressly reserve the right to sue YOU for any damage to our Company, our system, our ISP's system or any other member's system including actual and consequential damages and reasonable attorney's fees and court costs for any detrimental action or activity YOU have conducted in violation of this Agreement.). Cheating and hacking will not be tolerated;
  7. YOU will not post any message or information that is fraudulent; that violates any copyright laws; that violates any privacy or other proprietary right or is in any other way unlawful;
  8. YOU will not post or list any other person's names, nicknames, telephone numbers, addresses, URL's or another private information except YOUR own;
  9. YOU will not advertise a service or solicit funds through this Service without first contacting Us for commercial rates for same;
  10. Nothing YOU post on this site or any activity YOU conduct related to the use of this Site shall violate any law, statute, ordinance or regulation including Internal Revenue Service, consumer protection, anti discrimination and false advertising statutes and regulations;
  11. YOU shall not file false reports or make improper use of Dimension 9 support services, including but not limited to submitting false or fictitious abuse reports;
  12. YOU shall not at any time engage in any act or omission that is in conflict with the spirit and intent of the Service including but not limited to circumventing or manipulating the Terms of Service, Code of Conduct or any transaction involving YOU or any third parties;
  13. Any activities on our website are purely imaginary occurrences that are within a virtual world. USE COMMON SENSE--DO NOT ATTEMPT TO ACTUALLY PERFORM ANY OF THE ACTIVITIES THAT YOUR AVATAR OR VIRTUAL PERSON MAY BE ABLE TO DO ON THE SITE;
  14. YOU shall not sell, rent, lease, bequeath, gift, trade or otherwise transfer YOUR Account to anyone without the written permission of Dimension 9;
  15. Anything that YOU post on the Site or within any forum, blog or chat area is considered "public discourse" and is under no circumstances confidential. Any content that is posted by YOU or any User of YOUR account, whether supervised or accidentally, including, but not limited to, uploads, designs, chat text, material, data and information including YOUR Avatar design shall be referred to herein as "Submissions." By selecting the "I AGREE" button at the end of this document, YOU are granting Dimension 9 a perpetual, irrevocable, worldwide, fully paid and royalty free unlimited license to the Submissions which includes the right to sub-license and to assign rights to third parties and the rights to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into world-wide distribution, to commercialize, publish, sell, transfer, rent, lease, publicly display and to publicly perform and to broadcast, display, perform, communicate by telecommunication, enter into Our computer memory and any third parties' computer memories, create characters, create cartoons, movies, create toys, and any other physical manifestations of the Submissions in full commercial exploitation for Our sole enrichment.

Your Account

Prior to YOUR use of the Service YOU will be required to create an Account. When creating or updating YOUR Account YOU will be required to provide certain personal information including but not limited to YOUR name, address, email address, birth date and payment information. YOU agree that you will supply complete and correct information when creating or updating YOUR Account and that YOU will promptly update same if any changes occur. Any information YOU supply to Dimension 9 in the creation or maintenance of YOUR Account will be strictly held and used in conjunction with the Dimension 9 Privacy Policy as outlined herein.

When creating YOUR Account, YOU be required to select a login ID and password. In accordance with the Code of Conduct and the Terms of Use, YOU agree not to share YOUR login, password or Account information with any third parties nor allow anyone to access your Account. Dimension 9 reserves the right to reclaim, remove or rescind any login or username at any time and for any reason including but not limited to claims by third parties that a login or username violates certain third party rights or is offensive.

YOUR Account and all information related thereto is private and should not be used by anyone else. YOU are responsible for all usage or activity conducted on our Site under YOUR login and password codes, including, but not limited to the use of Payment and Credit facilities. Any person sharing personal access codes and any access through use of another person's account or Access Pass is prohibited. ANY USE OF A RESTRICTED ACCESS PASS BY A PERSON OTHER THAN THE PURCHASER OF THE PASS SHALL BE CAUSE FOR TERMINATION OF THE ACCESS PASS HOLDER'S ACCOUNT WITH NO REFUND OR CREDIT, AND RESTRICTION OF THE UNAUTHORIZED USER FROM ENTERING OUR SITE INDEFINITELY OR PERMANENTLY AT OUR SOLE DISCRETION.

YOU are solely responsible for maintaining the confidentiality of YOUR login and password information and are responsible for all uses of that information whether authorized by your or not. YOU further agree to not do anything to jeopardize the security of YOUR Account and will immediately notify Dimension 9 if YOU become aware or reasonably suspect that YOUR login, password or other Account information may be compromised by unauthorized access, loss, theft, unauthorized disclosure or any other such security breach that could compromise YOUR Account.

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO RIGHT, TITLE, OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR ANY CONTENT THAT APPEARS ON THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT AND SERVICE SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF DIMENSION 9, ITS SUBSIDIARIES, ASSIGNS OR PREDECESSORS IN INTEREST.

Removal Of Information, Suspension And Termination Of Account And Service

We reserve the right, but are not obligated, to delete, to move, to edit, to retract or to modify material and information posted on our Site that we, in our sole discretion, deem violates any term of this Agreement or the Code of Conduct.

WE MAY, AT OUR SOLE DISCRETION, TERMINATE, SUSPEND, MODIFY OR DELETE YOUR ACCOUNT OR ACCESS TO ALL OR PART OF THE SITE, WITH OR WITHOUT NOTICE, AT ANY TIME, FOR ANY REASON OR NO REASON, BUT MOST CERTAINLY FOR ANY BREACH OF THIS AGREEMENT OR THE CODE OF CONDUCT. WE MAY REMOVE HOSTED CONTENT, PREVENT ACCESS TO OUR SITE AND TAKE OTHER TECHNICAL AND LEGAL STEPS AS MAY BE DEEMED TO BE REQUIRED, AT OUR SOLE DISCRETION, TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE SUCH ACCESS WOULD CREATE RISK, LEGAL LIABILITIES, INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF DIMENSION 9 OR THIRD PARTIES, VIOLATE THE LETTER OR SPIRIT OF THE SITE, CODE OF CONDUCT OR SERVICE, OR ACT IN AN INAPPROPRIATE MANNER. AS A RESULT OF TERMINATION, SUSPENSION, DELETION OR MODIFICATION OR YOUR ACCOUNT YOU CAN LOSE YOUR LOGIN NAME AS WELL AS ANY BENEFITS OR PRIVILEGES EARNED OR PURCHASED AND DIMENSION 9 IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR AND SUCH LOSES THAT RESULT. WE MAY, IF ACTIVITY IS FOUND TO BE ILLEGAL, REFER YOUR ACTIVITY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES.

We may, at any time, stop offering and/or supporting the Service or any portion thereof at our sole discretion at which point your license to use the Service or a part thereof will be automatically terminated. In the event that the Service is suspended, terminated, modified, stopped or no longer supported, Dimension 9 shall not be required to provide refunds, benefits or compensation to YOU in connection with such discontinued or modified Service or support.

Dimension 9 reserves the right to terminate any account that has been inactive for a period of 180 days.

Fees And Services

Browsing in our site is free. Most of our services, games and products require purchase or the payment of fees before You can play, or during your play to continue playing.

All payments to Us by YOU are made by credit card, debit card or through PayPal. All fees, credits for purchase and charges for use and access of our site are non-refundable, and are charged at the rate in effect when purchased. If YOU breach this agreement and are prohibited from access to our Site, all unused time and advanced fees on account shall be immediately forfeited, and YOU will receive no refund.

YOU may contact us to inquire about YOUR account. Please first send us a message by using the fillable form on our website to submit your inquiries.

If you are unable to reach us via email YOU may telephone us at 928-499-3187 during the hours of 9 am to 5 pm (Remember that Arizona does not observe Daylight Savings Time, so, during Fall and Winter, Arizona is on Mountain Standard Time, and Spring and Summer we are on Pacific Daylight Savings Time) for any inquiry about accounts or an explanation of what Services are available. PLEASE EXPECT DELAYS IN ANSWERING YOUR CALL AND EXPECT TO LEAVE A DETAILED VOICEMAIL MESSAGE THAT INCLUDES A RETURN TELEPHONE NUMBER AS OUR STAFFING IS LIMITED, AND OUR CALL VOLUME IS LARGE.

All charges to YOUR credit card will be under the name of "Dimension 9, LLC."

Content

We cannot and do not pre-screen, monitor or review all user content, postings, communications or transactions on the Service. Dimension 9 assumes no responsibility or liability for the conduct of any user, the content of their postings, or the marketability, quality or actual existence of any item offered for sale. We reserve the right at our discretion to monitor and/or record YOUR interactions with the service and other users including without limitation the monitoring or recording by Us or our representatives of chat text, postings, communications, transactions, deal rooms, boardrooms, auctions or any other activity or communications on or through the Service or Site.

By entering into these Terms of Service, YOU herby provide YOUR irrevocable consent to such monitoring and recording. YOU acknowledge and agree that you have no expectation of privacy concerning the transmission or posting of any content on or through the Site, Service or support including but not limited to chat text, postings, communications, transactions, deal rooms, boardrooms, auctions or voice communications.

If at any time We, in our sole discretion, choose to monitor, screen or review the Site or Service, Dimension 9 assumes no responsibility for user content, postings, communications or transactions and assumes no obligation to remove any inappropriate content. Dimension 9 has the right but not the obligation or responsibility, at our sole discretion, to edit, remove or refuse any user content.

YOU are solely responsible for the information that you post or communicate on, through or in connection with the Site or Service. We are not responsible for any misuse or misappropriation of any content or information you post. We reserve the right to limit the storage capacity of any Account.

Submission Of Any Information As A Posting Or An Avatar

By submitting any information on our site, including personal, fictitious or use of an Avatar that may have certain characteristics of YOU that You choose, YOU are acknowledging that:

  1. Any information required to set up Your Account is true and accurate;
  2. YOU have the authority to post an Avatar, play on the site or to list any personal media content which will be viewable by all other players and persons using our Site (it is not private);
  3. YOU have secured all rights and authorizations to a post or to a photograph, including the right to publish the information or photograph or you have copyright authorization from the owner of the image and permission to upload, and for others to download and to copy the information;
  4. YOU are over the age of thirteen years;
  5. Any payments made are expressly made with full permission to initiate and to agree to such payments

Transactions Arising From Use Of Our Site, Indemnification And Release

By using our Site, YOU agree that:

WE HAVE NO CONTROL OVER THE MANY USERS ON OUR SITE AND WHAT THEY MAY DO IN DIRECT CONTRADICTION TO OUR TERMS OF SERVICE, PRIVACY POLICY AND CODE OF CONDUCT.

WE HAVE NO CONTROL OVER AN ADVERTISER'S SITE WHICH MAY BE LINKED TO OUR SITE AND YOU MAY BE REDIRECTED TO THAT SITE FROM OURS BY CLICKING ON THEIR AD SPACE. LINKING TO OTHER SITES WHILE PLAYING ON OUR SITE MAY DISRUPT YOUR SESSION ON OUR SITE AND YOU MAY LOSE OR CORRUPT YOUR INFORMATION AND YOUR AVATAR AND ANY AND ALL PLAY TIME MAY NOT BE RETRIEVABLE UPON YOUR RETURN TO OUR SITE. WE ARE NOT RESPONSIBLE FOR ANY ACTIVITY OR LOSS OF INFORMATION THAT MAY OCCUR DURING SUCH LINKING ACTIVITY.

WE SCREEN OUR ADVERTISERS, BUT NOT THEIR AD CONTENT NOR DO WE PROHIBIT LINKS FROM OUR SITE TO OTHERS. WE HAVE NO CONTROL OVER THE ACCURACY AND TRUTH OF ANY POSTED INFORMATION ON OUR SITE THAT IS PLACED THERE BY ADVERTISERS OR OTHER PLAYERS. WE DO NOT SCREEN OTHER PLAYERS' AVATARS NOR THEIR POSTED INFORMATION. IF ANY POSTED INFORMATION OFFENDS YOU, PLEASE NOTIFY US IMMEDIATELY AT WEBMASTER@YOODARA.COM. WE RESERVE THE RIGHT TO REMOVE, OR TO NOT REMOVE, ANY INFORMATION POSTED ON OUR SITE BY ADVERTISERS OR OTHER PLAYERS.

THIS IS A PRIVATE SITE AND, AS SUCH, IS PRIVATE PROPERTY. REMEMBER THAT PRIVATE PROPERTY OPEN TO INVITEES AS THIS SITE IS OPEN DOES NOT CARRY "FIRST AMENDMENT RIGHTS" TO POST ANYTHING AT ANYTIME. WE RESERVE THE RIGHT TO REMOVE ANY INFORMATION POSTED ON OUR SITE, WHICH, IN OUR SOLE OPINION, WE BELIEVE DOES NOT BELONG ON OUR SITE FOR ANY REASON, OR FOR NO REASON. OUR AIM IS TO PROVIDE A SAFE AND PLEASANT EXPERIENCE WHILE YOU ARE ON OUR SITE TO ALLOW PEOPLE THE OPPORTUNITY TO INTERACT AND HAVE FUN WITH YOO DARA FIGURES AND GAMES. PLEASE USE COMMON DECENCY AND REMEMBER THIS AT ALL TIMES.

YOU INDEMNIFY US AND HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ALL CLAIMS, LOSSES AND DAMAGES (INCLUDING ACTUAL AND CONSEQUENTIAL DAMAGES) INCLUDING REASONABLE LEGAL FEES WHICH WE MAY SUFFER FROM YOUR ACTIVITIES AND USE OF THE SITE OR OUR SERVICES, WHETHER THOSE CLAIMS, LOSSES OR DAMAGES ARE KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED. YOU ALSO INDEMNIFY US FROM ANY BREACH BY YOU OF THIS AGREEMENT AND FOR ANY CHARGES, CLAIMS, LOSSES OR DAMAGES SUFFERED BY ANY THIRD PARTY AND A RESULT OF ANY ACTION OR ACTIVITY ON THIS SITE. ALTHOUGH YOU ARE INDEMNIFYING US, WE RESERVE THE RIGHT TO ASSUME OUR OWN DEFENSE, PROVIDED, HOWEVER, THAT YOU STILL REMAIN LIABLE FOR COST OF ANY SUCH CLAIM.

Service Malfunctions And Lack Of Warranty

We are not responsible for interruptions in service regardless of the cause of the suspension of the Site. Any claim against Us for any reason, including but not limited to loss or lost profits and negligence on our part shall be limited to no more than Two dollars ($2.00), such limitation shall extend to YOU and any third party connected in any way to activity on this Site.

Any information found on our Site is on an "as-is" and "with all faults" basis. We cannot warrant that our Site will be uninterrupted in its service function nor can we warrant that the service will be provided to YOU "error-free." We are subject to all of the vulnerabilities of the World Wide Web, and We cannot warrant that hackers or other unwanted users may infiltrate and cause damage to our Site which may, in turn, cause damage to YOUR system. USING THIS SERVICE AND USING OUR SITE IS AT YOUR OWN RISK.

Privacy Policy

We do not, and will not, sell YOUR personal information to any third party for their purposes without YOUR express consent in advance. YOUR PRIVACY IS OF UTMOST IMPORTANCE TO US.

Please refer to our separate Privacy Policy which is incorporated as if fully set forth herein.

We cannot control, however, YOUR privacy when YOU have distributed personal or confidential information to another user of the Site. USE COMMON SENSE, CAUTION, AND CIVIL DECENCY IN EVERY USE OF THIS SITE.

If YOU know of situations where breaches of privacy occurred on this Site, or YOU know persons who have taken advantage or misused information gained on this Site, please refer those situations and those persons to our investigatory unit at this address: legal@yoodara.com. YOUR PRIVACY IN PROVIDING US THIS IMPORTANT INFORMATION SHALL BE PROTECTED TO THE FULLEST EXTENT OF THE LAW.

Disclosure

YOU expressly agree that We have the right at all times, and at our sole discretion, to disclose any of YOUR Account information, user content or other information, including but not limited to chat text, postings, communications, transactions, deal rooms, boardrooms, auctions, voice communications, IP addresses or personal information: (a) to protect the rights or property of Dimension 9; (b) to render the service YOU requested'; (c) when in good faith we believe that the information is required to be disclosed in response to any legal process or proceeding; (d) to protect Our legal rights or remedies; (e) to allow Us to satisfy any applicable law, regulation or government request; (f) to report any suspected crime or other offensive behavior to the appropriate authorities; (g) when We have a good faith belief that there is a threat to the health and/or safety of YOU or a third party; (h) if We believe that our Site or Service are being used in the commission of a crime and for the purposes of reporting same to the appropriate authorities; (i) to allow Us to enforce these Terms of Service, Code of Conduct, Privacy Policy or any other agreement, terms or policy with respect to the Service or Site.

Limitations; Waivers Of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT DIMENSION 9, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT DIMENSION 9, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL DIMENSION 9, ITS AFFILIATES, SUBSIDIARIES, ASSIGNS OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID DIMENSION 9 IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID DIMENSION 9 ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

Breaches Of Agreement

Notwithstanding other remedies which We may have available to Us either through this Agreement or under Federal and Arizona law, we may also limit or terminate YOUR activity, remove YOUR postings, and refuse to provide YOU Services if YOU breach this Agreement or conduct activity that causes financial loss or legal liability for YOU, our users, or Us. Our failure to act or terminate YOUR activity or remove YOUR postings or listings does not waive Our right to take action with respect to subsequent breaches or activity by YOU.

Severability

YOU and Dimension 9 agree that if any portion of these Terms of Service, Code of Conduct or Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

Assignment

Dimension 9 may assign or delegate these Terms of Service, Code of Conduct or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. YOU MAY NOT ASSIGN OR DELEGATE ANY RIGHTS OR OBLIGATIONS UNDER THE TERMS OF SERVICE, CODE OF CONDUCT OR PRIVACY POLICY WITHOUT OUR PRIOR WRITTEN CONSENT, AND ANY UNAUTHORIZED ASSIGNMENT AND DELEGATION BY YOU IS INEFFECTIVE.

Entire Agreement

These Terms of Service, Code of Conduct, Privacy Policy and any documents expressly incorporated by reference herein, contain the entire understanding of the Agreement between YOU and Dimension 9, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

We may publish, from time to time, additional policies or updates, revisions, modifications or amendments to the Terms of Service, Code of Conduct or Privacy Policy. YOUR right to use the Site or Service is subject to those specific policies or updated, revised, modified or amended Terms of Service, Code of Conduct or Privacy Policy.

No Waiver

The failure of Dimension 9 to require or enforce strict performance by YOU or any third party of any provision of these Terms of Service, the Code of Conduct or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of any right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Dimension 9 of any provision, condition, or requirement of these Terms of Service, the Code of Conduct, or the Privacy Policy shall not constitute a waiver of any future

obligation to comply with such provision, condition or requirement nor shall any express waiver act as a modification or revocation of all or part of the Terms of Service, the Code of Conduct or the Privacy Policy.

Except as expressly and specifically set forth in this these Terms of Service, the Code of Conduct and the Privacy Policy no representations, statements, consents, waivers, or other acts or omissions by Dimension 9 shall be deemed a modification of these Terms of Service, the Code of Conduct or Privacy Policy nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Dimension 9.

Governing Law

This Agreement is entered into in Yavapai County, Arizona, and shall be governed by the laws of the State of Arizona except in those circumstances where Federal law applies, and, in the case of any matters under Federal law; YOU agree the venue shall be that federal Court with jurisdiction over Yavapai County, Arizona. YOU agree that the performance of this Agreement does not take place outside of the County of Yavapai, State of Arizona for any purposes.

Notices

Notices to Us shall be given to Us by U.S. Mail to the following address:

Legal Department
Dimension 9, LLC
P. O. Box 10035
Prescott, AZ 86304

Notices to YOU shall be deemed adequate if mailed by certified mail to the address YOU submitted to Us during YOUR registration. All notices shall be deemed given to You three calendar days after they were mailed to You by Us.

Dispute Resolution

Should a dispute arise between Us and YOU for any claim and damages, YOU agree that the dispute shall be resolved by binding arbitration as administered by any competent arbitrator selected by Us and YOU and administered under the rules of arbitration of the American Arbitration Association. Any judgment or award may be enforced by entering the judgment in any court of competent jurisdiction in Yavapai County (or applicable Federal Court). Please refer to the governing law section of this Agreement for details of the agreed upon venue.

In any dispute, whether initiated by YOU or Us, the prevailing party shall be entitled to recover all reasonable attorneys' fees and court costs and any reasonable costs of conducting the litigation.

YOU irrevocably waive all rights to seek injunctive or equitable relief, or to enjoin or restrain the operation of the Service or Site.

Force Majeure

Dimension 9 shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Us, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Print A Copy Of This User Agreement For Your Records

By selecting "I agree," below, YOU are acknowledging that YOU have read this Agreement; that YOU understand each provision, term and condition; and that YOU agree to be bound by this Agreement.