The Terms and Conditions of Use is a contract between you (“User” or “You”) and the Nine Times.US, LLC, its subsidiaries, affiliates, owners, and members (“Nine Times” or “Company” or “We”) and we want you to know yours and our rights before you use the NineTimes Roulette Simulator application (“Simulation” or “App”).

Please take a few moments to read these Terms before enjoying the App, because once you access, view, or use the Simulation, you are going to be legally bound by these Terms. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT INSTALL, CONNECT TO, ACCESS, OR USE THE SIMULATION AND PROMPTLY DELETE THE APP FROM YOUR MOBILE DEVICE.

SECTION 1. ACCEPTANCE OF TERMS AND CONDITIONS

By connecting to, using, accessing and/or installing our Simulation on your mobile device, you acknowledge that you have read and understood the following terms of use (“Terms”) including the terms of the Privacy Policy available at (the “Privacy Policy”) and you agree to be bound by them and to comply with all applicable laws and regulations of your home country regarding your use of the Simulation and you acknowledge that these Terms constitute a binding and enforceable legal contract between You and Nine Times.

The Simulation is available only to individuals who (a) are at least 21 years old; and (b) possess the legal capacity to enter into a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into a binding agreement, to use the Simulation in accordance with these Terms, and to fully perform your obligations as detailed by the Terms below.

SECTION 2: CONTENT AND SIMULATION

The Simulation is a mobile application, available for download from the Apple and GooglePlay platforms.  Roulette is a casino game and requires you to be at least 21 years old to use this Simulation. You hereby represent that you are over the age of 21 to connect to, access, or use the Simulation in accordance with these Terms.

To be able to access and/or use the Service, or any portion thereof, User must legally obtain all the applicable or required utilities and equipment (mobile device, Internet connection) at User’s sole risk and expense. Please note that the App may only be available for certain operating systems (such as iOS, Android). You may only download and use the App on a device running validly licensed copies of the operating systems on which the Simulation were designed to operate. Nine Times is neither liable nor responsible for the availability and functionality of the App which have been established using third-party accounts (Apple Store or Google Play Store) and which are used by the User to access the Simulation. Your rights related to third-party accounts are ruled by the respective agreements and terms between the You and such third party.

Nine Times offers a one-time free of charge period. Once the free trial is up, User will have to purchase additional time to use the Simulation through User’s Apple Store or Google Play Store Account.

The Simulation is meant to be used by one user only. You are solely and fully responsible for any activities that occur in your Account, including compliance with these Terms. In the unlikely event of unauthorized use of the App, User will immediately inform Nine Times as soon as they gain knowledge.

SECTION 3: RESTRICTIONS ON USE OF THE APP

We reserve the right at our sole discretion to terminate or suspend your use and access to the App, or make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

You agree to:

• comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements, and
• use the services in a professional manner.

You agree that you will not:

• act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory, including the use of the App while playing at a Casino or Gambling Facility that involves real world currency gambling;
• develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes to scrape or otherwise exfiltrate from Nine Time App;
• sell, license, or exploit for any commercial purposes any use of or access to the Services and/or Content;
• transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or transmit unauthorized communications through the Service, including spam and any materials that promote spyware, malware and downloadable items;
• remove or disassociate, from the Content and/or the Services any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®);
• engage in any act that Nine Times deems to be in conflict with the spirit or intent of the Service, inter alia, circumvent or manipulate the Terms;
• infringe and/or violate any of the Terms.

Should Nine Times find it necessary to discontinue operations of the App, it is under no obligation to offer any type of compensation for unused purchased period.

SECTION 4: TRADEMARKS AND TRADE NAMES

By connecting to, accessing, and using the Simulation, Nine Times grants you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use the Company’s content without the right to sublicense. We reserve all other rights.

Nine Times marks and logos and all other proprietary identifiers used by the Company in connection with the App are all trademarks and/or trade names of the Company, whether or not registered (“Company TM”). All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third-Party TM”). No right, license, or interest to the Company TM and Third-Party TM is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect to the Company TM and Third-Party TM and therefore you will avoid using any of those marks, except as permitted herein.

SECTION 5: PAYMENT TERMS

You may purchase additional time to use the Simulation by making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third-party Store”).

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. However, to request a refund:

·    If you purchased using your Apple ID, refunds are handled by Apple. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

·    If purchased using your Google Play Store Account, please see Google Play Help.

SECTION 6: LOCATION-BASED FEATURES

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials. For more about how the App uses and retains your information, please read the Privacy Policy.

SECTION 7: DISCLAIMER AND WARRANTIES

YOU AGREE THAT USE OF THE SERVICES AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

NINETIMES INCLUDING ITS VENDORS, THIRD-PARTY STORE’S OFFICERS/ MEMBERS, DIRECTORS, AFFILIATES, SUBSIDIARIES, AND AGENTS (“COVERED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

WE DO NOT WARRANT (I) THAT USE AND OPERATION OF THE APP IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SERVICES, (III) THE SERVICES WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE, OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATIBILITY PROBLEMS, (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICES AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SERVICES (INCLUDING THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS). WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS, OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

THE DOWNLOAD AND USE OF THE SERVICES AND/OR OTHER PURCHASE OF PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.

SECTION 8: LIMITATION OF LIABILITY

YOU WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, INCLUDING PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE, THAT EITHER DIRECTLY OR INDIRECTLY ARISES FROM YOUR ACCESS AND USE OF THE SIMULATION, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SIMULATION.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED $1.00 (one US Dollar)

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Nine Times or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

SECTION 9: INDEMNITY

All the actions you make within the Simulation are your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

1. any negligent acts, omissions or willful misconduct by you;
2. your access to and use of the App;
3. any breach of these Terms by you; and/or
4. your violation of any law or of any rights of any third party.

Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

SECTION 10. CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe any content on Nine Times infringes the copyright in a work that you own, please submit a notification alleging such infringement (“Takedown Notice”) to Nine Times’s Copyright Agent. The Takedown Notice must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Takedown Notices should be sent to: Contact Us

SECTION 11: THIRD-PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from a Third-Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third-party Store. You acknowledge and agree that:

1. These Terms are concluded solely between you and the Nine Times and not with the providers of the Third-party Store, and the Nine Times (and not the Third-party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third-party Store from which you obtain the App, the more restrictive or conflicting term of the Third-party Store will take precedence and will apply.
2. The Third-party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Nine Times is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Nine Times.
3. The Nine Times, not the Third-party Store provider, is responsible for addressing any claims you or any third-party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
4. The Third-party Store provider and its subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third-party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

In the event of a conflict between a Third-party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third-party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third-party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

sECTION 11-1: APPLE INC.

The following applies to you if you downloaded the App from the Apple App Store (“iTunes-Sourced Software”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the iTunes-Sourced Software on an iOS device that you own or control, (ii) these Terms are solely between you and Nine Times, not Apple Inc. (“Apple”), and that Apple has no responsibility for the iTunes-Sourced Software or content thereof, (iii) your use of the iTunes-Sourced Software must comply with Usage Rules established by Apple, including those set forth in the App Store Terms of Service effective as of the date you enter into these Terms, and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.

In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the iTunes-Sourced Software. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Nine Times as provider of the App.

Nine Times and you acknowledge that Nine Times, and not Apple, is responsible for addressing any claims relating to the iTunes-Sourced Software or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use thereof infringes that third party’s intellectual property rights, Nine Times, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

SECTION 12: GOVERNING LAW AND DISPUTE RESOLUTION

Any claims arising from or related to your relationship with the Nine Times, and these Terms are governed and interpreted by the laws of the State of Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum.

This Arbitration Agreement applies to any dispute or claim relating to your use of our App or any other aspect of your relationship with Nine Times. It requires that, and by entering into these Terms you agree, that such claims will be resolved by binding arbitration, rather than in court.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Nine Times will pay them for you. In addition, Nine Times will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.

The arbitrator has the exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

By agreeing to arbitration, YOU AND NINE TIMES ARE EACH AGREEING TO WAIVE OUR RIGHTS TO A JURY TRIAL. Instead, you and Nine Times are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration.

The terms of this Arbitration Agreement will continue, even after your relationship with Nine Times has ended.

SECTION 13: ADVERTISEMENTS and links to third parties

We may post banners, advertisements, promotions, and similar content throughout the simulation. Any interactions, correspondence, and business dealings that you have with any advertisers and other third-partiesfound on or through the simulation (including via Linked Sites) are solely between you and the third-party (including, without limitation, issues related to the content of third-party advertisements, payments, delivery of goods, warranties, and the like). NINE TIMES disclaims all liability in connection with therewith.

Please note that the Company makes no warranties or representations concerning such advertisements, whether or not the Company has control over such advertisements. It is clarified that we are not responsible for the content of said advertisements and the products delivered or services rendered thereby by third-parties or for any damage which may be caused to you in connection with such advertisements, and you irrevocably and unconditionally agree that the Company shall not be held responsible or liable in connection thereof. The Company, ad networks, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings from such advertisements. You agree, acknowledge and consent that you will not be entitled to any compensation of any kind whatsoever with respect to such monetary amounts.

SECTION 14: TERMINATION AND REMEDIES

These Terms commence on the date You install, connect to, access, and use and will continue until terminated in accordance with the terms herein.

Nine Times may terminate or suspend these Terms, including your Account, if you breach these Terms or if Nine Times is required to do so by applicable law. You agree that all terminations for cause shall be made in Nine Times’s sole discretion and that Nine Times shall not be liable to you or any third-party for any termination of your Account.

In the event that Nine Times determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the App, Nine Times reserves the right to: (a) warn you via email (to any email addresses you have provided to Nine Times) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Nine Times deems to be appropriate.

All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.

You may terminate your access to and use of the App through Apple Store and/or Google Play Store’s termination /cancellation procedures

SECTION 15: MODIFYING THE SERVICE AND TERMINATION.

The Company reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof), prevent Users from accessing the Services or temporarily or permanently limit, suspend or terminate your access to the App, with or without notice, at any time. In addition, you hereby acknowledge that the Simulation may be changed, extended in terms of content and form or removed at any time without any notice to you.

If Nine Times supplies any updates, upgrades and any new versions of the Simulation (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the Simulation with or without any additional notice to you, you consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Simulation shall include such Updates. Nine Times may require that you accept Updates. You may need to update third-party software from time to time in order to receive the Service. Nine Times has no obligation to provide any updates to the Apps.

SECTION 16. MISCELLANEOUS

Your continued use of Nine Times following any Updates constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Updates to the Terms, you should stop using Nine Times and uninstall the App from your mobile device.

·     If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

·     No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.

·     Notice to California Residents.  If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Website or to receive further information regarding use of the Website.

If you have questions or comments, you may email us at Contact Us