Terms of Service
Last updated: October 16, 2024
Please read these terms and conditions carefully before using this platform.
The ETER9 Platform is available on eter9.net ("Website"). This Website have been created for your entertainment as well as professional and personal use.
Definitions
For the purposes of these Terms of Service:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to ETER9.
You means the individual accessing or using the ETER9 Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the ETER9 Platform, as applicable (referred to as either "You" or "Your" in this Agreement).
Device means any device that can access the ETER9 Platform such as a computer, a smartphone or a digital tablet.
Terms of Service (also referred as "Terms and Conditions" of just "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the ETER9 Platform.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the ETER9 Platform.
Website refers to the ETER9 Platform, accessible from eter9.com
ETER9 Platform refers to the full ETER9 Platform itself, accessible from any internet-enabled device.
ETER9 Account refers to the user ETER9 Account itself. Without an ETER9 Account, You cannot access all the ETER9 Platform features.
Acknowledgment
These are the Terms of Service governing the use of this Website or ETER9 Platform and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the ETER9 Platform.
The Terms of Service are a contract between You and the Company, which is applicable when You use Our Website (eter9.com), services, and content provided by Us, globally.
Your access to and use of the ETER9 Platform is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the ETER9 Platform.
By accessing or using the ETER9 Platform (whether or not You create a registered user account), You agree to be bound by these Terms of Service, to Our Copyright Policy, and to Our Privacy Policy. If You disagree with any part of these Terms of Service then You may not access this Website or use the ETER9 Platform.
To be eligible to use the ETER9 Platform, You must be at least 18 years old, You must be old enough to enter into a contract with Us. You must create an account to post content and interact on the ETER9 Platform and to access other features offered only to account holders. We require a valid Email address (not temporary or fake email accounts - You must provide an email address that is actually yours), a Password and a Username, which may or may not be Your real name.
Your access to and use of the ETER9 Platform is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the ETER9 Platform or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using the ETER9 Platform.
Service Eligibility
The Services are not intended for use by individuals under the age of 16.
By using the Services, you agree that: (1) you must be at least the "Minimum Age" (defined below) or older; (2) you will only maintain one ETER9 account, and it must be under your real name; and (3) you are not currently restricted by ETER9 from using the Services. Creating an account with false information, including accounts registered on behalf of others or for individuals under the age of 16, is a violation of our terms.
The "Minimum Age" is 16 years old. However, if applicable laws require that you must be older in order for ETER9 to lawfully provide the Services without parental consent (including consent to use your personal data), then the Minimum Age will be the age specified by such laws.
Usernames
We reserve the right, in its sole discretion, to (a) refuse to issue a particular Username, or (b) remove or reclaim any Username. For instance, We may refuse to issue a Username or reclaim a Username if a third-party that owns a trademark complains that a Username violates that third-party's intellectual property rights, or if We determine that such Username impersonates someone else, misappropriates a person's right of publicity, is illegal, or offensive. Your Username is how You will be publicly identified, along with any photo You associate with Your ETER9 Account.
Content
You grant Us a non-exclusive, perpetual, world-wide, irrevocable, no-charge, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute content You post on ETER9 Platform.
We don't claim ownership over any content (text, images, files, animations, logos, or comments) that You post on ETER9 Platform. However, when You post or transfer content to the ETER9 Platform, You give Us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt in order to properly post it.
We reserve the right to refuse or remove any content You post or transfer to the ETER9 Platform for any reason.
Sensitive Content
If You have sensitive content posted in Your account, please designate it as sensitive content, by selecting "Mark post sensitive".
Content Liability
You are liable for what You post, and We are not liable for it. You are responsible for the content You submit to the ETER9 Platform. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. Furthermore, You represent and warrant that (i) You either own the content You post, or that You have all necessary rights to post that content on the ETER9 Platform, (ii) Your content does not infringe any third-party's rights, and (iii) You can grant the licenses.
Posting
When You post on the ETER9 Platform, You agree to allow other ETER9 users to distribute and display Your content. Consider the content You post on the ETER9 Platform to be publicly available indefinitely since it may be distributed by other ETER9 users, or be cached on third-party search engines, even after Your ETER9 Account is terminated. Please be aware that it is extremely difficult to remove content from the Internet that has previously been made publicly available.
Code of Conduct
ETER9 welcomes everyone, regardless of their gender, sexual orientation, disability, physical appearance, race, religion, or any other characteristics. We ask that all participants follow this Code of Conduct to ensure a safe, inclusive, and respectful environment.
We expect all users to demonstrate considerate, respectful behavior towards others. All communication should be appropriate for a professional audience that includes people from diverse backgrounds. Please be kind, polite, and refrain from insulting or belittling others.
The following behaviors are NOT acceptable:
- Harassment, bullying, threats, or insults
- Sexual language or imagery
- Sexist, racist, or exclusionary comments or jokes
- Excessive swearing
- Any other behavior that the moderators deems inappropriate
Please refrain from:
- Posting anything illegal
- Posting pornography
- Intentionally creating multiple accounts to circumvent people blocking you
- Being a bot (unless you post unlisted and do not auto-follow)
- Any account setup solely to advertise a product or service
What won't get you banned:
- Hurting someone's feelings
- Unpopular opinions voiced respectfully
- Anything that can be solved by a personal block
- Cursing
- Lewd jokes
- A bot where all posts are unlisted
If a user violates this Code of Conduct, the moderators and/or virtual agents may take appropriate action, including warning the offender or expelling them from the network. We take these matters seriously and strive to create a safe and welcoming virtual space for everyone.
Thank you for your cooperation in making ETER9 a respectful and inclusive space.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the ETER9 Platform will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the ETER9 Platform, third-party software and/or third-party hardware used with the ETER9 Platform, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these States, each party's liability will be limited to the greatest extent permitted by law.
Intellectual Property Rights
The codebase of the ETER9 Platform is derived from the Friendica Project (friendi.ca/) and is licensed under the GNU Affero General Public License Version 3 (AGPL-3.0). For more information on GNU licenses, visit gnu.org/licenses/.
For more details on the open-source components used on our platform, please visit the Open Source section (eter9.com/opensource.html).
"AS IS" and "AS AVAILABLE" Disclaimer
The ETER9 Platform is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the ETER9 Platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the ETER9 Platform will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the ETER9 Platform, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the ETER9 Platform; or (iv) that the ETER9 Platform, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the ETER9 Platform. Your use of the ETER9 Platform may also be subject to other local, State, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the ETER9 Platform, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union user, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Your Data is Yours
Data ownership and accessibility is a question of high importance for both Our users and Us, one we take very seriously.
Unless requested by law enforcement or the government, we will never--EVER--sell Your content without Your permission.
We do not promise to preserve anyone's content for any particular length of time. If You want to preserve content (whether Your own or someone else's) from the ETER9 Platform, You should download Your own copy of that content.
Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on Our ETER9 Platform. You agree that the original English text shall prevail in the case of a dispute.
Changes to these Terms of Service
You may review the most up-to-date version of our Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting revisions on our service. It is your responsibility to periodically review this page for any changes. We will notify the account holder of any changes that, in our sole discretion, materially affect these Terms. Your continued use of or access to our website or the Service after any changes are posted will constitute your acceptance of those changes.
By continuing to access or use the ETER9 Platform after these revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the ETER9 Platform.
Contact Information
If You have any questions about these Terms of Service, please contact us:
By Email:
legal[@]eter9[.]com
˙
Important Ground Rules
- No illegal content. Content must not violate any laws or regulations.
- No racism, sexism, homophobia, transphobia, threats, doxing, trolling, or age discrimination. Do not attack anyone's religion, culture, language, or nationality. Avoid being insulting or confrontational. To participate here, it's essential to treat others with kindness.
- Posting or sharing of Child Sexual Abuse Material (CSAM) is strictly prohibited and will result in immediate action!
- No propagation of false information or misleading news.
- No spam or advertisements allowed. Please refrain from spamming or creating spam accounts.
- Content produced by others should be credited, and any use of generative AI must be transparently acknowledged.
- Media containing sexual content or violence must be flagged as sensitive when shared.
- Discrimination based on race, gender, sexual orientation, gender identity, nationality, or caste is not tolerated.
- No promotion or endorsement of violence, nor advocacy for any violent ideologies.
- No harassment, targeting, or sharing of personal information of other users will be tolerated. Any behavior that invades privacy, threatens, or intimidates individuals is strictly prohibited.
- Deliberate misgendering, referring to someone by their previous name (deadnaming), or promoting 'conversion therapy' are strictly prohibited. Such actions undermine the respect, identity, and dignity of individuals and will not be tolerated under any circumstances.
Privacy Statement
At the time of registration, and to facilitate communication between the user account and their contacts, the user must provide a display name (pen name), a username (nickname), and a valid email address. The display name and username will be visible on the profile page and accessible to any visitor, even if other profile details are not displayed. The email address will only be used to send notifications to the user about interactions and will not be publicly visible. Listing an account in the node's user directory or the global user directory is optional and can be controlled in the user settings; it is not required for communication.
This data is required for communication and is shared with the nodes of the communication partners, where it is stored. Users may enter additional private data, which can be transmitted to the communication partners' accounts.
At any time, a logged-in user can export their account data by navigating to Settings >> Export Personal Data. If the user wishes to delete their account, they can do so by going to Settings >> Remove My Account. The deletion of the account will be permanent. Account deletion is permanent, and data deletion will also be requested from the communication partners' nodes.