Earth9 Inc.

Terms of Use

INTRODUCTION

Welcome to the world of Earth9!

Earth9 Inc. (“Earth9”) offers a gaming platform (the “Platform”) with various related features and services – such as websites, hosted applications, and social interactions - in order to allow Users to explore, build, create, and connect (the Platform and all of these various other features and services are collectively referred to in these Terms of Use as the “Services”).

In order to maximize the experience for those using the Services (“Users”), Earth9 has established the following terms and conditions (collectively, the “Terms of Use” or “Terms”) to apply to all Users. Note that certain Terms may only apply to one or more particular Services, so please be sure to carefully read and understand these legally binding terms as they comprise an agreement between Earth9 and each User.

1. Summary of These Terms of Use:

These Terms apply to all Users and provide an overview and the associated rules for things like (i) Account creation, (ii) using the Platform, (iii) transactions, (iv) User generated content (“UGC”), and (v) activities prohibited on the Platform. These Terms also cover some of the more technical legal terms that govern use of the Services, including:

• Digital Millennium Copyright Act (DMCA) Guidelines and Policies - instructions regarding what Users should do if they encounter content on the Platform that a rights holder or User believes is infringing or otherwise in violation of such rights holder's or User's rights;
• Name and Logo Community Usage Guidelines – apply to all Users and cover the terms and conditions under which Users can use certain Earth9 Intellectual Property;
• intellectual property ownership;
• online safety;
• disclaimers; and
• other very important legal terms.

In the event of termination of the Terms, the rights and duties of Earth9 and User to each other will terminate except that all provisions of these Terms or any other Terms which are to survive expiration or termination will remain in effect.

2.        Other Matters – Guidelines to review in connection with using the Services:

• SECTION B: COMMUNITY STANDARDS – The Community Standards are part of these Terms and apply to all Users of the Services and outline what type of behavior is and is not acceptable when using the Services. A failure to comply with the Community Standards is a violation of these Terms.

• SECTION C: ACCESSIBILITY STATEMENT – The Accessibility Statement provides information regarding Earth9's commitment to keeping the Services accessible and usable for people with disabilities and to ensuring a fun, safe, and equitable experience for all Users.

• EARTH9 PRIVACY POLICY (“Privacy Policy”) – outlines the terms applicable to the collection, storage, and use of Users’ data by Earth9.

• GENERAL HEALTH NOTICE – provides some information regarding potential health issues that Users may experience while using the Services. Please read this carefully before watching or playing on the Services.

1. EARTH9 TERMS OF USE

These Terms of Use set forth the terms, conditions, and policies that govern use of the Services, including the Platform, by Users and apply to all Users. These Terms govern, among other things, what is called User generated content (“UGC”). UGC is content of any kind or nature, whether material, assets, or otherwise, that Users upload to, create and publish on, or otherwise generate through or make available on the Services.

These Terms of Use comprise many of the terms applicable to Users, but also contain cross-references to other Terms that may be applicable to Users (for example, the Community Standards, so be sure to read and understand them as well, since Users are required to abide by them).

1.        This is a Legal Agreement

a.        Acceptance of Terms. When User uses the Services, User agrees to these Terms and to any other applicable Terms found in Section 18 (Other Legal Terms) below. User may not agree to these Terms or any other Terms if User is not legally allowed to, or if User is under 18 years old. Users under the age of 18 (“Minor Users”) require a parent or legal guardian (a “Guardian”) to allow them to use the Services and to agree to these Terms and the other applicable Terms. By permitting a Minor User to use the Services,  the Guardian of the Minor User becomes subject to these Terms and any other applicable Terms and agrees to be responsible for the Minor User’s activities on the Services. If User (or a Minor User’s Guardian, as may be applicable) does not agree to these Terms, User may not use the Services.

b.        Changes to Terms. Earth9 will provide User with reasonable advance notice of any material updates or modifications to these Terms and any other Terms which notice may be provided by any reasonable means of notification, including by email or via posting on the Earth9 website, www.earth9.com; provided that non-material changes (as determined by Earth9) or updates or modifications that address new features of the Services or modifications or updates made for legal reasons will be deemed to be effective immediately and without notice. If User does not agree to any modifications or updates to these Terms, User should no longer use the Services. If User uses the Services after Earth9 has posted updates to these Terms, User is agreeing to the updated Terms. Any Dispute concerning these Terms will be handled in accordance with Section 15 below.

c.        Updates to the Services. Earth9 has the right to change or suspend the Services (or any portion thereof) at any time upon notice, which may be via an email to User or through a notice on the Earth9 website (and such notice shall be effective immediately after such email is sent or such notice is posted) and without liability to Users. Earth9 can change the Services for any reason, including to comply with law, to protect Users or to protect Earth9’s reputation. These Terms will govern any updates to the Services that Earth9 makes or provides to User, unless the update includes a separate license, in which case the terms of that license will govern.

2. User Accounts

1. Creating an Account. To access some elements of the Services, Users need to create an Earth9 account (“Account”). User agrees to always provide Earth9 with true information and to keep that information updated. Remember, Earth9 may take steps to make sure that the information Users give Earth9 is accurate. A User may never allow anyone else to use a User’s Account (except for Guardians in the case of a Minor User). If a User thinks that their Account is not secure, User must inform Earth9 immediately by emailing privacysecurity@earth9.net. If anyone asks for a User’s password or personal information, User should report them right away to privacysecurity@earth9.net.

User Plans and Other Charges.  When you create your Account, you will be given the option to select a Subscription Plan and authorized payment method. [Link] When a User buys Earth9’s Subscription Plan, User agrees that such Subscription Plan will automatically renew and that Earth9 is authorized to charge User accordingly until User cancels the Subscription Plan. Earth9 will notify Users of any price increases or changes to the Subscription Plan terms (such notification may be via any reasonable means, including a message on the Platform). User can cancel the Earth9 Subscription Plan at any time by following the instructions available here^[a]. If a User cancels the Subscription Plan, the User can still enjoy it for the period of time User already paid for.

b.        Account Suspension or Termination. If User violates these Terms, User’s right to use the Services ends. In response to a violation of these Terms by a User, Earth9 may also (i) suspend or terminate a User Account or a User’s access to the Services, or (ii) remove any content that the User has created on or for the Services, or content that has been created by Earth9 on or for the Services for the User’s exclusive benefit. Earth9 may also terminate a User Account pursuant to its policy of terminating in appropriate circumstances Users who Earth9 determines, in its sole discretion, are repeat infringers as contemplated by the Digital Millennium Copyright Act.

c.        Notification and Appeal. Earth9 may notify User if Earth9 (i) suspends or terminates a User Account or a User’s access to the Services or (ii) removes UGC that the User has on the Services in violation of these Terms in response to law enforcement requests, or as otherwise required by law.  Users in violation of these Terms will not be entitled to anything from Earth9 – so all Users should make sure to follow the rules! For any Minor Users, a Guardian may ask Earth9 to terminate the Minor Users Account by emailing privacysecurity@earth9.net.

3. Restrictions on Use of Services and Online Safety

In addition to any other restrictions set forth in these Terms, Users may not:

1. lease, lend, sell, redistribute or sublicense any part of the Services;
2. copy, modify, distribute, publicly perform or display, reverse engineer, disassemble, modify, or create derivative works of the Services or related or implemented technology;
3. try to get around any technological measure designed to protect the Services or any technology associated with the Services;
4. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification);
5. use the Services to create malicious or abusive content (as determined by Earth9) or any content that violates a Earth9 guideline or policy; or
6. use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable laws, including copying something User sees on the Platform or making minor changes to another User’s UGC and pass it off as User’s own.

Earth9 cares about the safety of Users. If User sees any content or materials on the Services that appears to recruit, entice, advertise, or solicit any person to perform a sexual or violent act, please email privacysecurity@earth9.net to immediately report the User and situation.

4. Third-Party Notices

1. OS Licensors Notice^[b][c][d]. If User downloads and uses our desktop Unity application (“Application”) for Microsoft or Apple operating systems (each, an “OS Licensor”) on a personal computer, User also acknowledges and agrees to the terms of this Section. These Terms are between User and Earth9 only, not with OS Licensor, and the OS Licensor is not responsible for the Application or the contents of the Services, and has no obligation whatsoever to provide any maintenance and support service with respect to the OS Licensor or the Services. If the OS Licensor fails to meet the applicable warranty, User may notify the applicable OS Licensor to obtain a refund of any applicable end user license charge paid by User to the OS Licensor. The OS Licensor has no warranty obligation whatsoever with respect to the Services and is not responsible for addressing any claims by Users relating to the Application or use of the Services, including: (a) product liability claims; (b) any claim that the Services fail to meet any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. OS Licensors are third-party beneficiaries of these Terms, and when a User accepts these Terms, the OS Licensor will have the right (and will be deemed to have accepted the right) to enforce the Terms against User as a third-party beneficiary. User hereby represents and warrants that (i) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.

2. Unity Cross-Platform Game Engine / App-Store. Users who download and/or use our Application must comply with the following Unity terms of use/service: https://unity.com/legal/terms-of-service.

5. Notice to Minors

If User is under the age of 18, upon User’s written request in the manner set out below, Earth9 will remove certain personal content that User has publicly posted to the Services. This generally includes personal information, but does not include anonymized information, or UGC that User provides (since User has received consideration for providing it). To make such a request, User or User’s parent or guardian must email privacysecurity@earth9.net. Such request must include User’s username and a specific description of the content that User wants removed so that Earth9 can find it. Earth9 will not accept requests via postal mail, phone or fax and may not be able to respond if User provides incomplete information. If User makes a request, it is not a guarantee that the information User posted will be completely removed and there may be circumstances in which the law does not require or allow removal, even if User makes a request.

6. License to the Services

2. General License.  Subject to Users compliance with all of the Terms, Earth9 grants User a non-exclusive, limited, revocable, non-transferable license to use the Services on devices that User owns or controls for User’s personal, entertainment use, including the right to download and use software that Earth9 makes available for download as part of the Services in object code form only, and the various features and services, like websites, applications, forums and the Platform, which Earth9 makes available to Users to allow Users to play, create and connect.

3. Creation of UGC.  Subject to a User’s compliance with the Terms, Earth9 grants such User a non-exclusive, revocable, non-sublicensable, and non-transferable license to use the Services for the purpose of creating, developing, modifying, uploading, and releasing such User’s UGC on the Platform (the “Services License”). “Templates” may be made available by Earth9 (generally via the Services) to serve as a starting point that Users can use to more easily create UGC. Earth9 owns or controls all rights in all Templates and all elements contained therein and makes Templates available to Users pursuant to the Services License. Users may only use Templates in a way consistent with the Terms and using a Template does not give Users any ownership rights in that Template.

4. Termination.  Earth9 reserves the right to terminate a granted Services License and/or license granted to User by Earth9 at any time and for any reason.

7. Ownership of Earth9 IP and UGC

5. Ownership of Earth9 Intellectual Property.  Earth9 owns or controls all rights in the Services and all elements contained therein. The interfaces, graphics, trademarks, design, information, artwork, data, code, products, software, and all other elements of the Services, including the rights therein and any derivatives, (the “Earth9 Intellectual Property” or “Earth9 IP”) are protected by law. All Earth9 IP is the property of Earth9 and its licensors. Earth9 IP includes UGC licensed or assigned to Earth9 by Users under the Terms. Except as expressly allowed under the Terms, User may not use any Earth9 IP contained in the Services unless User gets separate written permission from Earth9. Earth9 reserves all rights to and interests in the Earth9 IP.

6. Rights to UGC [***TO REVIEW***]

1. Ownership of UGC.  Users who create UGC on and/or upload UGC that they have created to the Platform are referred to in these Terms as “Creators”. For any UGC that a Creator has ever created or will create and makes available through the Services (whether created solely by Creator or together with others), (a) between Creator and Earth9 or Creator and Users, except as otherwise provided in these Terms or agreed to by a Creator, a Creator retains ownership of all existing copyrights embedded in their UGC, and (b) in consideration of using the Services, Creator grants Earth9 a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense to any person or entity, whether a User of the Services or not) to host, store, transfer, translate, localize, publicly display, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the UGC that the Creator uploads or makes available on the Services in whole or in part (and any trademarks owned or controlled by Creator that are associated with and uploaded to Earth9 by the Creator for use with the Creator’s UGC) on the Platform and in connection with the Services and otherwise as solely permitted by these Terms. This includes but is not limited to the right to sublicense to other Users the right to host, store, transfer, translate, localize, publicly display, publicly perform, reproduce (including in timed synchronization to visual images), modify, enhance, distribute, and use the UGC on the Platform and in connection with the Services.

2. License Grant to Earth9.  Notwithstanding the above, a Creator also grants to Earth9 the exclusive, worldwide, irremovable, perpetual, fully paid, sublicenseable right to apply any UGC, whether on the Platform or off the Platform. Provided, however, that Earth9’s right to apply any UGC off the Platform excluding trademarks owned or controlled by a Creator or copyrighted material owned or controlled by a Creator that has been published off of the Platform prior to the time that it was uploaded by the Creator onto the Platform. Earth9, in turn, grants to the Creator the non-exclusive right to apply the Creator’s UGC on the Platform only. A Creator also agrees (i) to make their UGC available on the Services (and to make the Services themselves available) as contemplated in these Terms; and (ii) in any media or channel of distribution now known or hereafter developed in connection with the publicity and marketing of the Services or Earth9 as permitted herein, even if a Creator has exercised a right to be forgotten under the GDPR or equivalent right under other privacy laws (collectively, the “UGC License”). Earth9’s right to market and advertise the Services or Earth9 using a Creator’s UGC (an “Ancillary Use”) will not include using such UGC in marketing and advertising that is focused solely on promoting a Creator’s UGC (as reasonably determined by Earth9) as part of the Services without such Creator’s approval, but Earth9 can generally reference, as determined by Earth9, a Creator’s UGC with other UGC or material (and without a Creator’s approval) to promote, market or advertise the Services or Earth9. Earth9 may also use a Creator’s UGC for non-commercial and educational uses to promote the Services (and Earth9 will reasonably determine whether a use is non-commercial or educational). Earth9 may, but is not required to, give a Creator any attribution or compensation for any reason nor is Earth9 required to use the license a Creator grants to Earth9 in this Section 7.b. or exploit any of the rights granted herein^[e]. A Creator retains the right to delete or update any or all of their UGC at any time and at their discretion (and a Creator will delete or update such content if required by law) provided that regardless of any such update or deletion having occurred, and regardless of any termination of these Terms or termination or suspension of a Creator’s Account: (i) UGC created by such Creator which were validly obtained by Users may continue to be accessed and used by such Users indefinitely in accordance with and subject to the terms and policies of the Services; and, (ii) Earth9’s right to use any of Creator’s UGC or other content that is already in use by Earth9 pursuant to a license or otherwise in accordance with these Terms or already in use by Earth9 as part of an Ancillary Use shall continue in perpetuity. In addition to Earth9’s right to grant sublicenses for UGC, when uploading certain UGC onto the Service, a Creator may be asked if the Creator would like to share such UGC directly with other Users. A Creator is not required to share their UGC directly, but if a Creator does agree to grant this right then other Users may use such Creator’s UGC to create their own UGC through the Services without any obligation to the granting Creator. Where any of a Creator’s UGC is sold or otherwise made available to another User, such Creator agrees that, pursuant to the rights granted to Earth9 herein and regardless of whether the UGC was sold or made available by a Creator to the User, Earth9 may allow the User to continue to access and use such UGC indefinitely (in accordance with and subject to the terms and policies of the Services) even if the UGC is no longer otherwise accessible on the Platform. Earth9’s rights under this license shall expressly survive if a Creator’s Account is terminated due to a Creator’s breach or violation of any of these Terms.

3. Representations and Warranties.  Each Creator is responsible for their UGC and represents and warrants to Earth9 that: (i) Creator is the creator and owner of, or has the necessary rights and permissions, to use and to authorize Earth9 to use the UGC that Creator licenses for use to Earth9; (b) Creator’s UGC and the use of such UGC does not and will not: (i) infringe, violate, or misappropriate any third-party right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require Earth9 to get licenses from, or pay compensation or provide attribution to, any third parties; (iv) result in a breach of contract between Creator and a third party; or (v) cause Earth9 to violate any law or regulation; and (c) Creator will comply with all applicable laws, rules and regulations and these Terms in Author's use of the Services.

4. Through-To-The-Audience Rights. The rights a Creator grants in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have separate liability to a Creator or anyone else for UGC that a Creator has made available on the Services or used on those third party services via Earth9’s Services.

5. Ownership or Authorization Required to Upload. A User must not upload or otherwise make any UGC available on the Services if such User is not the owner of or is not fully authorized to grant rights in all parts of that UGC. Without limiting a User’s obligations under these Terms, a User agrees to pay all amounts owed to any person as a result of uploading or making UGC available on the Services.

6. Suspension of UGC Availability. Earth9 may in its discretion suspend availability of or delete any UGC or other content on the Platform at any time and for any period of time, including in perpetuity, without notice if such UGC or other content violates intellectual property principles or any guidelines or policies associated with the Services or if Earth9 determines in its discretion that any UGC does or may cause harm to the Services or to Earth9’s reputation. Earth9 is under no obligation of any kind to a Creator for suspending any of their UGC in accordance with this subsection.

7. Infringement & DMCA. Earth9 fosters creativity and respects the intellectual property rights of all owners of intellectual property, including Creators. Any copyright owner or an agent of a copyright or trademark owner (including other Ceators who are owners or agents of a copyright or trademark owner) who believes that any content on the Services infringes upon its copyrights or trademarks may submit a notification pursuant to the DMCA. As referred to above, Earth9 has a policy of terminating in appropriate circumstances Users who Earth9 determines, in its sole discretion, are repeat infringers as contemplated by the DMCA.

8. Limits on Use of UGC. Notwithstanding a Creator’s ownership of UGC under these Terms and without limiting any other limitations set forth herein, a Ceator shall in no event use their UGC (in any medium or format, including on the Platform or offline): (A) in a manner that is offensive, defamatory, sexually explicit, or otherwise objectionable (in each case, as determined by Earth9); (B) in connection with false, defamatory, libelous or slanderous statements concerning Earth9 or otherwise in a manner intended or reasonably likely to disparage Earth9 or bring Earth9 into public disrepute; or (C) in a manner which is intended or reasonably likely to suggest or imply that the Creator is affiliated with Earth9 or that Earth9 endorses a Creator or its use of the applicable UGC.

7. Users will not be entitled to any payment or other compensation for User’s use of any content (including any such content that User may modify or enhance) that Earth9 has created or developed or otherwise uses on the Platform.

8. Other Parties’ Stuff

1. Interior of Structures.  Users may not create the interior of any real-world structure in a manner that depicts the real-world interior of the structure (“Interior Design”).

2. Third-Party Services. Some parts of the Services may include or make available content, tools or other materials from third parties (i.e., people or companies other than Earth9, such as OpenStreetMaps) (“Third-Party Services”). Depending on User’s age, this could include links to other websites, features that let Users link User Accounts to other accounts (like Facebook), or third-party buttons (e.g., “like” or “share” buttons). As described in this Section 11, Earth9 does not control or take responsibility for Third-Party Services (including how those third parties use User information). User understands that using the Services could subject User to third-party fees, terms, and/or policies, such as a privacy policy, and User agrees to pay all those fees and to follow those terms and policies.

3. Third-Party Services Disclaimer. User understands that by using the Services, User may come across Third-Party Services that (i) may be considered offensive, or objectionable, (ii) may or may not be identified as having explicit language, (iii) may contain links or references to objectionable material, and (iv) may not be available in all countries or languages. User agrees to use the Services at User’s own risk and that Earth9 will not have any liability to User for content (including Third-Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.

4. Personally Identifiable Information of Users. With respect to the personally identifiable information of Users ("User PII") (if and to the extent received by another User), such receiving User is prohibited from: (i) sharing User PII with another party; (ii) using User PII to provide services to any third party; (iii) using User PII to build, help build, track or supplement any segments, profiles, or similar records on any individual User, device, or browser across the Earth9 Platform or across any third party websites or platforms; (iii) using User PII to associate the behavior of any individual device, or browser with any segment, profile, or similar record, or supplement any such record based on data of Users; (iv) using User PII to associate any data of Users with any other personal information of the User; (v) selling, disclosing, sharing, leasing, modifying, decompiling, lending, or otherwise altering any User PII; or (vi) using User PII for any unauthorized purpose in violation of any applicable law, including applicable privacy laws, or for any unauthorized purpose. Earth9 and each User, respectively, (i) shall not knowingly sell any User PII, and (ii) have taken and will continue to take all reasonable measures to protect all User PII under their control or in their possession from unauthorized access by third parties.

9. Digital Millennium Copyright Act (DMCA) and the Architectural Works Copyright Protection Act (AWCPA)

8. Notice. We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Platform or Services infringes upon your copyrights, including under the AWCPA (amendment to the Copyright Act specifically including “architectural works” among the list of protected works in 17 U.S.C. § 102) (other than content that was previously uploaded by a User to the Platform and as to which the [User-to-User Complaint Process] applies as described below), you may submit a notification to [________________] pursuant to the DMCA, by emailing legal@earth9.net. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent or other representative of the rightsholder, rather than directly by a User under the age of 13. You acknowledge that if you fail to comply with all of the requirements of this Section 9.a., your DMCA notice may not be valid. You must provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;

3. A description of the material that you claim is infringing and where it is located;
4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

9. Counter-Notice. Regarding any content that was removed or disabled for DMCA compliance, if you believe that your content is not infringing or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may email a counter-notice to Earth9 at legal@earth9.net. Any counter-notice submitted on behalf of an under-13 User must be submitted by a parent or other adult representative. When Earth9 receives a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in the sole discretion of Earth9.

10. Repeat Infringer Policy.  Earth9’s intellectual property policy is to: (i) remove or disable access to material that Earth9 knows to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by an intellectual property rights owner or his or her agent; and (ii) in appropriate circumstances, to terminate the Accounts of and block access to the Services by any User who repeatedly or egregiously infringes another party’s copyrights or other intellectual property rights.

10. Infringement of Trademarks or Rights to Interior Designs

1. You are prohibited from uploading or creating UGC that infringes trademarks or other intellectual property rights of a party, including to architectural design copyrights or Interior Designs. If your UGC is likely to or does infringe upon any trademarks or other intellectual property rights of another party, including any architectural designs or Interior Designs, your UGC can be blocked or removed at any time, in Earth9’s sole discretion. “Interior Design” means any interior of any real-world structure.

2. If you believe that your rights to intellectual property, including trademarks, architectural designs, or Interior Designs, have been infringed by a User, please note that Earth9 is not in a position to, and will not, mediate such disputes with or between Users. That being said, we take your rights seriously. So, we will look into and try to resolve any allegations of infringement. Therefore, if you feel that your trademarks or rights to architectural or Interior Designs are being infringed, contact legal@earth9.net.^[f]

When you contact us, please provide the following information in writing:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark;
• A description of the trademark right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of those materials is not authorized by the trademark owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the copyright or intellectual property owner’s behalf.

***IN NO EVENT WILL EARTH9 BE RESPONSIBLE FOR, EARTH9 HEREBY DISCLAIMS, AND EACH USER HEREBY RELEASES EARTH9 FROM, ANY CLAIMS, LIABILITY, AND/OR DAMAGES RESULTING FROM ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PARTY FROM ANY UGC, INCLUDING ARCHITECTURAL DESIGN COPYRIGHTS.***

11. Disclaimers; No Warranties

1. UGC Disclaimer. Except as may be required by applicable law, Earth9 is not liable for, nor is Earth9 obligated to screen, approve, edit or control, UGC that Users upload or otherwise make available on the Services. Earth9 may, however, at any time and without notice, and without any obligation to User, remove, edit, or block or suspend the availability of any UGC that Earth9 thinks violates these Terms or is otherwise objectionable. User understands that when using the Services, User will see UGC from a variety of sources and understands that UGC could be inaccurate, offensive, or objectionable. User agrees to waive, and does waive, any legal or equitable right or remedy that User has or may have against Earth9 regarding UGC. If notified by a User or content owner that UGC allegedly violates these Terms, Earth9 may investigate and decide whether to remove the UGC (which Earth9 can do at any time, without notice).

2. “As Is.” THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARTH9 AND EARTH9’S OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS (COLLECTIVELY, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

3. No Responsibility. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM EARTH9 OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR EARTH9 THAT IS NOT EXPRESSLY STATED IN THESE TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. General Limits on Liability

1. No Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EARTH9 OR ANY OF THE AFFILIATED PARTIES BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EARTH9 HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

2. Cap. THE AGGREGATE LIABILITY COLLECTIVELY OF EARTH9 AND THE AFFILIATED PARTIES TO USER FOR ALL CLAIMS (INCLUDING WARRANTY CLAIMS) OR CAUSES OF ACTION IS LIMITED TO (I) THE TOTAL AMOUNT PAID OR PAYABLE BY EARTH9 TO USER UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH USER NOTIFIES EARTH9 OF A CLAIM, OR (II) TO THE EXTENT THAT EARTH9 HAS NOT PAID USER ANYTHING IN THE TWELVE-MONTH PERIOD PRECEDING THE TIME WITHIN WHICH USER NOTIFIES EARTH9 OF A CLAIM, $1000 (EXCEPT, IN EACH CASE OF THE FOREGOING (I) AND (II), AS NOTED IN THE ARBITRATION SECTION BELOW).

13. General Indemnities

User agrees that User will be responsible for User’s use of the Services, and User agrees to defend and indemnify Earth9 and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) User’s access to, use of, or alleged use of the Services; (b) User’s violation of any part of the Terms, including any representation, warranty, or covenant, or any applicable law or regulation; (c) User’s actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between User and any other party. Earth9 reserves the right, at Earth9’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by User (without limiting User’s indemnification obligations with respect to that matter), and in that case, User agrees to cooperate with Earth9 defense of that claim.

14. Disputes Between Users

1. Disputes Between Users. If a User has any issues with UGC created by another User, such User should first contact the other User directly to resolve the issue. Users are responsible for all issues relating to their UGC, including handling complaints from other Users, in a quick and professional manner. If the Users cannot resolve their dispute through dialogue, the Users must engage in a mediation with a recognized mediator or mediation service and try to amicably resolve their differences before going so far as to sue one anotherser. This does not apply if a User has a dispute related to someone copying the User’s UGC, which is covered under the DMCA.

2. Escalation to Earth9.  Users do have the discretionary ability to escalate issues between them to Earth9 for resolution. While Earth9 is not responsible for these types of issues between Users, Earth9 wants to make sure that everyone enjoys the Platform and Services. As a result, Earth9 has the right (but not the obligation) to intervene to help resolve the disputes, but may do so only if Users first make a real, genuine effort to resolve their differences. If disputing Users do not succeed at resolving their differences, either User may escalate the issue to Earth9 Support by emailing privacysecurity@earth9.net with the subject line containing the word “Dispute”. If Earth9 chooses to take action in any dispute between Users, then Users hereby agree that Earth9’s decision is final and the disputing Users will accept that decision. Users agree to work in a timely manner to resolve all such issues, and failure to do so is a violation of the Terms. Please note that Earth9 reserves the right to resolve any dispute which may result in termination of a User’s Account and any other action permitted by law, including but not limited to the recovery of civil or criminal penalties.

3. User-to-User Copying Complaint Process. Users are prohibited from copying another User’s UGC and passing it off as a User’s own work or otherwise misusing it, including architectural designs protected under the AWCPA. A User (the Complainant) who believes that another User has improperly copied original material previously uploaded by the Complainant to Earth9, in violation of the Terms, may file a complaint by emailing legal@earth9.net with subject line containing “Dispute”, identifying the copied material, the original work, and any other relevant details. If necessary, Earth9 will investigate the complaint and reach a decision as to whether copying in violation of Earth9’s Terms has occurred. If a violation is found, Earth9 may take other actions, which may include removal of copied material and/or termination of a User’s Account. A User who is unhappy with Earth9’s determination may appeal by emailing support@earth9.net with subject line containing “Appeal”.^[g] Users agree that any decision by Earth9 on appeal is final and binding. Users are required to use the above complaint process and not any other form of complaint. This means that a User is prohibited from engaging in any form of harassment, as well as from filing a DMCA complaint regarding UGC that a User previously uploaded to the Services and which the User believes is being improperly copied by another User on the Platform. Failure to use the above complaint process when required is a violation of these Terms.

15. Disputes Between Users & Earth9

As used in these Terms, a “Dispute” is any dispute, action, controversy or claim arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis, and regardless of whether a claim arises during or after the termination of these Terms. Disputes between Users and Earth9 are handled according to Section 15 below.

16. Dispute Resolution, Class Action Waiver, Arbitration and Governing Law

1. Disputes. Except as explained below, User and Earth9 agree that any Dispute arising under or relating to these Terms or the Services will be governed and resolved first through the Informal Dispute Resolution Requirements stated below, and only if those requirements are satisfied, then, for U.S. residents only, through binding arbitration and not through litigation. This agreement applies regardless of the legal theories involved in the Dispute and regardless of whether the Dispute is with Earth9, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Services, or their officers, directors, employees, agents, or successors. USER AGREES THAT USER IS GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR DISPUTES THAT ARE SUBJECT TO ARBITRATION.

2. “Class Action Waiver.” To the extent permitted by law, User and Earth9 agree that neither of us will assert a claim against the other as a class action, class arbitration, or in any other similar representative capacity. This class action waiver does not prohibit User and Earth9 from resolving Disputes through a class settlement approved by a court.

3. “Informal Dispute Resolution Requirements.”

1. Informal Discussion Period. For a period of at least 60 days prior to starting any arbitration (or any lawsuit, if an exception to arbitration applies), User and Earth9 agree to first engage in informal discussions to attempt to negotiate a resolution of any Dispute. These informal discussions must include live verbal conversations by telephone or other device if requested by any party. These informal discussions will start 10 days after written notice is sent from User to Earth9 according to the applicable communication method(s) described herein or from Earth9 to User via the email address and/or billing address the User has provided Earth9 as part of their User Account. These informal discussions must be concluded either by a resolution agreed to in writing by the parties or by written notice from one party sent 7-10 days prior to the expiration of the 60-day informal dispute resolution period specifically stating each unresolved demand and the basis therefore.

2. Notices. Earth9 will send User notices to the email address or billing address that User provided to Earth9 as part of their User Account. User will email notices to legal@earth9.net. The initial notice of a Dispute from a User must include: (a) the full legal name of the User making the claim, (b) the User’s username for accessing the User’s Account, (c) the email address associated with the User’s Account, if any, (d) a description of the nature and basis of the claim, (e) the specific result that is desired, and (f) the ticket or case number provided by Earth9 Support to track previous attempts to resolve the Dispute, if there is one.

4. “Arbitration Terms.”

1. Arbitrable Disputes. Except as explained below, Earth9 and any User who is a United States resident agree that any Dispute that has satisfied the Informal Dispute Resolution Requirements will be subject only to binding arbitration by a neutral arbitrator and may not be litigated. The arbitrator’s decision will be final except for a limited right of appeal allowed by federal law. The arbitrator may award User damages, just like a court could, but only to the extent necessary to satisfy User’s individual claim.

2. Arbitration Rules. Arbitration will be overseen by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”). User can find more information at www.adr.org.

3. Mandatory Prerequisite to Arbitration or Litigation. No Dispute will be subject to arbitration (or to a lawsuit if an exception to arbitration applies) unless the Informal Dispute Resolution Requirements have been satisfied by the party demanding arbitration (or the party filing the lawsuit if an exception to arbitration applies). Disputes submitted to arbitration in violation of the Informal Dispute Resolution Requirements shall not be accepted by AAA and shall be deemed frivolous for purposes of any fee shifting allowed by AAA Rules. Any lawsuit filed in violation of the Informal Dispute Resolution Requirements shall be subject to dismissal.

4. Commencement of Arbitration. Unless the parties agree otherwise, a demand for arbitration must be sent to the same address and by the same manner as an initial notice of a Dispute and must be entitled “Demand for Arbitration.”

5. Fees. If User has complied with the Informal Dispute Resolution Requirements, and if User’s total claims are for less than $10,000, Earth9 will reimburse User the cost of User’s filing fee, unless the arbitrator determines that the substance of User’s claims or remedy sought were frivolous or brought for an improper purpose as described in the AAA Rules; in which case payment of any filing, administrative, or arbitrator fees will be decided by AAA Rules. Notwithstanding any contrary provision in these Terms, a prevailing party in arbitration will only be entitled to be awarded a shifting of fees and costs when consistent with AAA Rules.

6. Location. Unless the parties agree otherwise, any arbitration hearing will take place in King County, Washington if that is a reasonably convenient location for User, and if not, then in the county or parish where User resides. Depending on the amount of a claim, AAA Rules may permit or require the arbitration to be conducted: (1) only by documents submitted to the arbitrator; or (2) by telephone hearing. Regardless of how arbitration is conducted, the arbitrator must issue a written decision explaining the findings and conclusions that their decision is based on.

7. Settlement Offers. During arbitration, if Earth9 makes User (or User makes Earth9) a settlement offer, the amount of the offer may not be shared with the arbitrator until after the arbitrator makes a final decision and award. If User wins the arbitration and is awarded more than the amount reflected in Earth9’s last written settlement offer, Earth9 will pay User the higher of: (a) the arbitrator’s award or (b) $10,000.

8. No Consolidation. To the extent permitted by law, the arbitrator shall not consolidate claims into a class proceeding and may award injunctive relief only in favor of the individual parties to the arbitration and only to the extent necessary to provide relief that is warranted by an individual claim.

9. Enforceability. All issues in the Dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope, interpretation, and enforceability of these Arbitration Terms, or whether a Dispute can be arbitrated. Judgment on an arbitration award may be entered by any court having jurisdiction.

10. Severability. Except for the Class Action Waiver, if any provision of these Arbitration Terms is found unenforceable, that provision will be severed and the balance of these Arbitration Terms will remain in full force and effect. If a court decides that applicable law precludes enforcement of these Arbitration Terms as to any particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.

11. Confidentiality. The arbitrator shall honor all evidentiary privileges recognized at law and shall enter orders as appropriate to protect the parties’ trade secrets or confidential information. The parties agree to maintain the confidentiality of each party’s designated confidential information.

12. Exceptions to Informal Dispute Resolution Requirements and Arbitration Terms. The following claims and actions are exempt from both the Informal Dispute Resolution Requirements and Arbitration Terms: (i) enforcement actions through a federal, state, or local agency if those actions are available; (ii) claims for infringement of patent, copyright, trademark, or trade secret rights; (iii) actions seeking only injunctive relief and no award of attorneys’ fees or costs; and (iv) actions seeking remedies under the GDPR.

13. Exceptions to Arbitration Terms. Individual non-class claims that User or Earth9 chooses to assert in small claims court are not subject to the Arbitration Terms, but the Informal Dispute Resolution Requirements must be satisfied prior to the filing of any such small claims action. In addition, claims that are the subject of a certified class action or a class settlement submitted to a court for approval, regardless of whether the claimant has opted out of the class action or class settlement, are not subject to the Arbitration Terms and may not be the subject of an arbitration demand. Regardless of whether a User has opted out of a class action or class settlement, the certification of a class action or the filing of a proposed class settlement with a court for approval shall divest AAA of its authority to arbitrate any claims pending with AAA that are otherwise the subject of the class action or settlement. Such opt out claims may thereafter only be asserted in a court of law.

14. Opting Out of Arbitration Terms. User may opt out of the Arbitration Terms within 30 days of using the Services for the first time, and User may opt out of any material changes to the Arbitration Terms within 30 days after Earth9 gives notice of those changes (unless a longer period is required by applicable law). To opt out of the Arbitration Terms or changes thereto, User must email a notice with subject line “Arbitration Opt-Out Notice” to legal@earth9.net. The Arbitration Opt-Out Notice must include: (a) the full legal name of the User, (b) the User’s username used to access the User’s Account, and (c) the User’s email address. An opt-out notice does not revoke or otherwise affect any previous agreement to the Arbitration Terms. By opting out of a change to the Arbitration Terms, User agrees to arbitrate any Dispute in accordance with the language of the last Arbitration Terms that User accepted.

15. Governing Law and Venue for Non-Arbitrable Disputes. These Terms are governed by the laws of the State of Washington without regard to conflict of law principles. The Arbitration Terms are subject to and governed by the Federal Arbitration Act (“FAA”) and (only to the extent not inconsistent with the substantive and procedural provisions of the FAA), the laws of the State of Washington, without regard to conflicts of laws principles. The arbitrator will not be bound by rulings in other related arbitrations. Any Disputes that are not subject to the Arbitration Terms or that are severed from any arbitration may only be litigated in the federal or state courts of King County, Washington; and the parties consent to personal and exclusive jurisdiction in these courts, except as otherwise provided by the GDPR.

17. Other Legal Terms

11. General. These Terms make up the entire agreement between User and Earth9 regarding the Services. User may not assign these Terms or User’s rights under these Terms, by operation of law or otherwise, without Earth9’s prior written consent. Earth9 may assign these Terms at any time to anyone without notice or consent. This agreement is binding on and inures to the benefit of Earth9’s and User’s respective successors and assigns. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from these Terms), and the remaining parts will remain in full force and effect. Nothing in these Terms will be deemed to confer any rights or benefits on a third party (other than an OS Licensor as noted above in Section 16. USER AND EARTH9 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.

12. Survival of Terms. Any part of the Terms which by their nature should survive the termination of the Terms, will survive such termination, including [Sections __________________________].

13. Waiver. No waiver of any part of these Terms by either User or Earth9 shall be deemed a continuing or further waiver of any such part or any other part of these Terms, and Earth9's or User's failure to assert any rights or part of these Terms shall not be deemed or otherwise constitute a waiver of such right or part.

14. Interpretation. The section headers in these Terms are for convenience and will not impact the interpretation of these Terms. Be aware that in all cases where Earth9 is allowed to make a decision under these Terms, that decision is completely up to Earth9. Also, User understands that these Terms are subject to applicable law, meaning that they apply except to the extent otherwise prohibited or required by applicable law. Unless the context dictates otherwise, whenever the word “including,” or similar is found in these Terms, it means “including, without limitation” and whenever the word “or,” is found in these Terms, it means “and/or.”

15. Consent to Online Communications. By using the Services, User agrees to receive certain electronic communications from Earth9 as described in the Privacy Policy (which User should read for more information). User agrees that any notices, agreements or other messages that Earth9 sends to User electronically will satisfy any legal requirements.

16. Compliance with Laws. When using the Services, User will comply with all applicable laws. User will not directly or indirectly export, re-export, or transfer the Services to prohibited countries or individuals (or allow either to use the Services).

17. Contact Information. The Services are offered by Earth9 Inc. User can contact Earth9 by sending an email to the appropriate earth9.net email address as described in these Terms.

18. Prevailing Language. To the extent any of the Terms are made available in multiple languages, in case of any discrepancies or conflicts between the English version of the Terms and any other language version of the Terms, the English version of the Terms will govern and prevail.

2. COMMUNITY STANDARDS

At Earth9, we want to be sure that everyone feels welcome and safe and is treated with kindness and respect. That’s why we’ve created these Community Standards – to outline how we expect our Users to behave, and to be clear up front about what is and is not allowed on Earth9.

Our Community Standards are organized into four sections:

1. Safety
2. Civility & Respect
3. Fairness & Transparency
4. Security & Privacy

These standards apply to all of your actions on Earth9, including with other Users, both online and at real-world events hosted by Earth9. You might notice that some of these rules prohibit things that certain other online platforms allow. That’s because of our determination to keep Earth9 as safe as possible. We ask that you respect our standards — and understand that violating them may result in enforcement action against your Account. We’re always learning, so as our community evolves and our platform grows, these standards may change too.

In short, when using Earth9, always remember to be kind. If you see something that you think violates the Community Standards, please let us know by using the Report Abuse feature. For more information about the legal relationship between you and Earth9, head over to our Terms of Use.

We appreciate your cooperation with these standards and commitment to making Earth9 a safe and respectful space.

1. Safety

We want all elements of the Platform to be safe and welcoming for everyone, regardless of their identity or beliefs. To keep Earth9 a place where everyone feels comfortable being themselves, the following is not allowed:

1. Child Endangerment.  Earth9 has a zero-tolerance policy for endangering children. This includes:

• Attempting to obtain the personal information of a child within the platform, or revealing outside the Platform the personal information of a child used within the Platform
• Impersonating a child as an adult in the real world
• Any predatory behavior, including attempting to befriend a child in order to manipulate and exploit them (i.e., grooming)
• Sexualizing children in any way
• Engaging in sexual conversation with or soliciting sexual material from minors
• Sharing, requesting, or discussing child sexual exploitation imagery

2. Threats of Violence.  Earth9 does not permit Users to threaten others with real world harm or to encourage such threats, or to commit or incite violence against people or property, and we may communicate with law enforcement agencies regarding credible threats or reports of harm, including threats or reports of physical assault or violence, sexual assault, and property damage.

3. Bullying and Harassment.  Earth9 does not allow bullying, stalking, trolling, harassment, or intimidation on its platform. We also do not allow any content that depicts, glorifies, or promotes such behavior, including singling out any User(s) for ridicule or abuse, or sexual harassment.

4. Suicide and Self Harm.  At Earth9, we take our Users’ well-being very seriously. We’re here to help provide resources for those struggling with mental health, and we may communicate with law enforcement regarding credible threats or reports of self-harm. We do not allow content or behavior that depicts, glorifies, or encourages suicide or self-injury, including describing methods for suicide and content that supports or depicts instances of self-harm.

5. Sexual Content.  Earth9 does not allow sexual content or activity of any kind. This includes content that depicts, discusses, or suggests sexual acts or nudity.

6. Violent Content and Gore.  Although some experiences on Earth9 may include weapons and violence, we do not allow content that contains extreme violence or serious physical or psychological abuse, including:

• Animal abuse and torture
• Realistic depictions of extreme gore
• The depiction, support, or glorification of war crimes or human rights violations, including torture

7. Terrorism and Violent Extremism Content.  Earth9 prohibits content or behavior that depicts, supports, glorifies, or promotes any terrorist or extremist organization and their actions, including:

• Depictions of or support for terrorist or extremist attacks or terrorist actors
• Depictions of or support for the leaders of terrorist organizations
• Depictions of the slogans, images, flags, or icons of terrorist organizations
• Recruiting membership for a terrorist or violent organization, or encouraging others to leave Earth9 to find such information
• Fundraising for terrorist or extremist organizations, people, or groups

8. Illegal and Regulated Goods.  We prohibit Users from discussing, depicting, or promoting illegal and some regulated goods. You also may not encourage others to violate laws in the real world, or do so yourself. These goods and activities include, but are not limited to:

• Illegal and regulated drugs, including the misuse of prescription/over the counter drugs;
• Drug paraphernalia, including pill bottles, pills, syringes, and pipes;
• Health and dietary supplements and enhancers such as weight loss pills and steroids;
• Depictions of intoxicated behavior associated with consuming alcohol or drugs (e.g., being drunk, high, strung out, or any other inebriated state);
• Tobacco, including e-cigarettes, e-liquid, vapes, hookas, and other smokable products;
• Bomb/explosive and weapon-making instructions or schematics in the real world; and
• Realistic modern firearms outside of in-game experiences.

9. Real World Physically Dangerous Activities.  Earth9 does not allow the depiction, glorification, or encouragement of participation in activities in the real world that are specifically designed to create an extreme risk of physical harm to the participant offline.

2. Civility and Respect

We expect all of our Users to treat one another with kindness. This means striving to be civil and respectful in all of your interactions. To encourage this environment, Earth9 prohibits:

10. Discrimination, Slurs, and Hate Speech.  Earth9 honors and welcomes Users of all ages, backgrounds, and identities. You may not demean, threaten, or attack individuals or groups, or encourage others to do so directly or indirectly, on the basis of their:

• Race, perceived race, or ethnicity
• National origin
• Sexual orientation
• Gender, gender identity, or gender expression
• Religion or religious affiliation or beliefs
• Age
• Physical or mental disability
• Veteran status
• Familial status
• Personal appearance

This includes content that was designed to discriminate against others based on attributes associated with the above groups. Examples of such content include:

• Content that depicts, imitates or suggests real world acts of discrimination
• Symbols and flags associated with discrimination
• Derogatory memes

11. Dating and Romantic Content.  Earth9 is a safe space for meeting online friends, chatting, and collaborating on creative projects, but we prohibit content that seeks or portrays romantic relationships, including:

• Animations of kissing, hand holding, or other romantic gestures in a romantic context
• Experiences that depict romantic events, including weddings, dates, and honeymoons

12. Profanity.  To keep Earth9 safe and civil for everyone, we do not allow swearing in text, images, or uploaded audio, including:

• Using misspellings, special characters, or other methods to evade detection of profanity
• Profanity in different languages
• Quoting or using songs with profane lyrics

13. Extortion and Blackmail.  We do not allow Users to extort or blackmail each other. Extortion refers to any attempt to threaten another User in order to force them to do something. This includes threats to:

• Reveal personal information
• Take over another User’s Account
• Make false abuse reports
• Harm someone in real life

14. Real-World Tragic Events.  Earth9 prohibits content that:

• recreates specific real-world tragic events (e.g., mass shootings; natural disasters; accidents);
• mocks the victims of such events;
• supports, glorifies, or promotes the perpetrators; or
• capitalizes on these events for commercial purposes.

15. Harmful Off-Platform Speech and Behavior.  Users must treat everyone with respect, both on and off of Earth9’s Platform. If reported to us, we may disable the Accounts of Users who:

• Are associated with organized crime, terrorist organizations, or hate groups
• Harass, bully, discriminate, or harm others outside of Earth9
• Share others’ personal information off-platform, including making false reports to authorities

16. Abuse of Earth9 Personnel, Vendors, or Affiliates.  Earth9 expects its Users to treat all Earth9 employees, contractors, and affiliates with kindness and respect. Mistreating, threatening, or harassing Earth9 employees, contractors, or their affiliates in any form, including via email, off-platform, or in-person could result in the immediate termination of such User’s Account. This includes threatening physical harm, threatening to share personal information, harassment of any kind online, or threatening damage or harm to property.

3. Fairness and Transparency

Earth9 aims to build a community that’s transparent about its rules and how they’re enforced. We want our Users to trust each other to play fairly and honestly, and to respect one another’s creativity and hard work. To help build such a community, Earth9 requires its Users to follow their local laws and does not allow:

17. Scams.  We do not permit deceptive schemes on our platform, including:

• Sending or posting phishing or scamming links
• Requesting passwords or access to another User’s Account
• Selling or seeking to buy any Account
• Uploading unauthorized copies of content
• Selling Earth9 assets for real money off-platform
• Artificially inflating the number of likes or visits to an experience

18. Spam.  Earth9 prohibits content that is designed to deceive others or that is shared repeatedly and disruptively anywhere on the platform, including clickbait-type advertisements, repetitive and large-volume messaging, or creating experiences solely to direct Users away from the Earth9 Platform or Services.

19. Cheating and Exploits.  We do not permit Users to deploy or discuss any methods of cheating, including:

• Using exploits to gain an unfair advantage anywhere on the platform
• Sharing exploits with others or encouraging others to cheat

20. Misleading Impersonation and Misrepresentation.  Earth9 encourages creativity, including in your designs and username, but we do not allow Users to mislead others by impersonating other people’s real- or virtual-world identity or affiliations, including other Users, Earth9 employees, contractors, and affiliates, or public figures, including any attempts to impersonate in the following areas:

• Name or username
• Position in a company
• Digital representation
• A post or comment

This does not apply to satire, fan art, or tributes that are not misleading to other Users.

21. Intellectual Property Violations.  No User is to violate any intellectual property rights of Earth9 or other Users. Each User hereby agrees to immediately remove infringing content upon receiving a valid Digital Millennium Copyright Act (DMCA) notice or Trademark infringement removal request. Examples of intellectual property infringement may include:

• Using another developer’s code to create your experience without their permission
• Using another artist’s music in your experience
• Using a brand’s logo or designs for the content you design without their permission
• For information on how to use Earth9’s name and logo, please see our Community Usage Guidelines.

Copyright and trademark takedown requests can be filed here.

22. Contests and Sweepstakes.  We do not allow Users to conduct contests, games, or sweepstakes on the platform without the written consent of Earth9, including lottery-style games or any use of the words “Play for $” in games. No items on the Platform are to be sold or traded for currency or anything else of value except as expressly provided in these Terms.

23. Directing Users Off-Platform.  When using Earth9, a User may not link to any external websites or services, except for:  YouTube, Facebook, Discord, Twitter, and Twitch. Links to any of those approved sites must be wrapped in the applicable Policy API or listed in the Social Networks and Social Links settings of your profile or experience description page. Links that appear in locations where the API cannot be deployed - such as text chat - are prohibited. Any other links are prohibited, including:

• Links that contain Earth9-inappropriate content
• Partial links, filter-breaking, and permitted website links to non-permitted websites
• Encouraging others to visit unpermitted external links
• For their privacy and safety, we do not permit Users who are under the age of 13 to share links.

24. Advertising.  Users are prohibited from uploading or creating and sharing any advertisements or promotional information on the Platform or through the Services, including in the form of 3D assets, static images, or videos.

4. Security and Privacy

For our metaverse to thrive, the Earth9 community must feel digitally safe as well as physically safe. We can achieve this by respecting each other’s private information and Earth9’s safety systems, and by keeping Earth9 Accounts and systems secure. This section describes how Users should treat others’ information and digital security. For information about how Earth9 handles your personal information, please visit the Earth9 Privacy Policy.

To maintain a safe environment within the Earth9 world, Earth9 does not permit:

25. Unauthorized Access.  We prohibit any activity that is used to gain unauthorized access to Earth9’s systems or Accounts, as well as threatening or encouraging such activity. This includes:

• Using VPNs to mask your location in order to gain unauthorized access to the Earth9 Platform, a specific feature, or another User’s Account
• Impersonating or attempting to hack another User’s Account
• Impersonating a real or fictitious real-world person in order to gain unauthorized access and/or deceive Earth9 and the Users of its Platform.
• Launching any sort of cyberattack
• Posting misleading links for the purpose of gaining unauthorized access (i.e., phishing)
• Launching malicious software (i.e., malware) to cause damage to or gain access to another User’s computer.

26. Sharing Personal Information.  We do not permit Users to share their or others’ personal information on Earth9, including:

• Full name
• Email address
• Passwords
• Physical address
• Telephone number
• Unique Identifiers
• Images of themselves or other private individuals
• Unauthorized voice recordings of minors

27. Misusing Earth9 Systems.  Earth9 maintains many systems to keep our Users safe and secure, and we prohibit attempts to bypass these systems or otherwise violate our platform security requirements. This includes:

• Attempting to get prohibited content approved by our moderation team
• Opening new Accounts for the purpose of evading an enforcement action taken against a previous Account
• Using bots that are programmed to run disruptive, large-scale tasks
• Re-uploading previously-moderated content
• Failing to use required policy APIs in your experience
• Falsely reporting other Users or experiences, or encouraging or others to do so
• Invading or flooding experiences or groups in an effort to destroy the experience or its reputation

28. Online Transactions.  Earth9 maintains the Platform for everyone’s benefit and enjoyment. To keep it secure, some transactions are not permitted, including:

• Using third-party services to sell, trade, or give away UGC (except for Earth9 gift cards).
• Promotional codes that falsely appear to be offered by Earth9 itself.

Users may not use off-platform services or products to sell on-Platform items for money, either directly or as a bundle or solicit donations for an external charitable cause, including, but not limited to:

• In-experience prompts for Users to donate UGC toward a crowdfunding campaign
• Claiming that a transaction is associated with a fundraiser
• Stating to Users that some amount of sales proceeds will be directed toward a cause

3. ACCESSIBILITY STATEMENT

We are committed to making our websites accessible to and usable by people with disabilities by meeting or exceeding the requirements of the Web Content Accessibility Guidelines 2.1 Level A/AA (WCAG 2.1 A/AA). Our goal is to help make Earth9 a fun, safe, and equitable experience for all.

As part of our commitment to accessibility, we actively monitor our websites and make sure that all content provided is accessible to all visitors. Helping to ensure that Earth9 remains equitable for everyone is an ongoing commitment, in that our work will evolve, improve, and change over time. It is important to note that efforts with respect to our websites are ongoing as we work to implement the relevant improvements to continually achieve and meet WCAG 2.1 A/AA guidelines.

Third Party Applications

While you are visiting our websites, please note that we make use of third-party sites to provide information about Earth9. Earth9 does not control the accessibility efforts of other companies. Any feedback, questions, or concerns are best directed to the specific site or service in question.

Need more help? Contact us at support@earth9.net.

Last Updated: June 1, 2023