Welcome to https://9millones.com/ (the “Site”), a media platform that connects the 9 million Puerto Ricans across the world through data-driven, solutions-based journalism (the “Service(s)”). Specifically, our Service entails the following: (1) publication of news articles and editorials, including, but not limited to, written articles, videos, pictures, and audio; (2) publication of sponsored and/or branded content; and (3) crowdfunding for the creation and publication of content. The Service is provided by 9 Millones LLC (“9M”, “Us”, “We”, or “Our”), including all information, tools, and data available to you on this Site. 

This document is the Terms of Use (the “Terms”) that govern your relationship to Us as you use our Site and Service. If you visit this Site and/or use any of the Services provided therein, you accept these Terms, so please read them carefully, as they will determine how you can use the Site and Services, how We are (and are not) liable to you, what responsibilities fall on you and which fall on Us, and other key terms and obligations, subject to each term and obligation being valid in your country.  

By using our Site and Service, you hereby agree to these Terms. In other words, before you begin using the Site, take a moment and carefully read through these Terms. If you have any questions, write to Us! If you do not agree with any particular provision or term, then STOP using the Site immediately. We want you to feel comfortable using our Site, but We can only do so when the both of us agree on the terms that will control the use of the Site and Service. 

We reserve the right to edit and change these Terms from time to time. When We do so, We will upload the updated Terms on our Site, which will become effective from the day they are published. If following the publishing of updated Terms, you continue to use the Site, then you will have accepted the new Terms. 

User Account & Privacy

When using this Site and/or the Services, you may provide Us with certain personal information, which We will use in accordance with our Privacy Policy. It is very important that you read our Privacy Policy, which is a separate document, so that you understand how your data and activity within the Site is used, managed, and as appropriate, shared by Us. 

In order to use the Service, create a crowdfunding Project, as defined below, subscribe to our newsletter, and/or send us a communication, you may need to share certain information such as, but not limited to, your name, last name, address, e-mail address, and/or phone number. The foregoing information may also be collected through the Site to create an account (“Account”). Through your Account, you may also receive information concerning Our Service. When creating an Account for using the Service, you will select a username and password. You are responsible for maintaining the confidentiality of your Account username and password, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account username and password. 

By accepting our Terms, you agree that you are the age of majority in your state of residence. If you are under eighteen (18) years-old, you may only use Our Site with the express consent or authorization of a parent or guardian. Thus, if you are under the age of majority in your state, by using this Site you are agreeing that you have obtained the express consent or authorization, or are using this Site with the involvement of, or are being monitored by, your parent or guardian.

We reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Site or Service to any person for any reason or for no reason at all, including without limitation, for breach of any representation, warranty, or covenant contained in these Terms, or of any applicable law or regulation.

Site Maintenance

We will do our best to make sure you have the best experience possible when visiting our Site and using Our Service. However, the Internet (and the providers who keep Us connected) can experience delays, downtime, or interruptions from time to time. Therefore, you acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in the Service or events that are beyond Our control, and that We shall not be responsible for any data lost while transmitting information on the Internet. While Our objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of Our control, access to the Site may be interrupted, suspended, or terminated from time to time.

We shall have the sole right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, We may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics.

Electronic communications

When you visit this Site or send e-mails to Us, you are communicating with Us electronically, and are therefore consenting to receive communications from Us electronically, including via e-mail or by posting notifications on this Site. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically, satisfy any and all legal requirements that such communications be made and delivered in writing.

Intellectual Property

You own and are responsible for the content and information posted or streamed by you on the Site, and you can control how this information is shared through your privacy settings. You automatically grant Us, or warrant that the owner of the content has expressly granted Us a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use any content that you post. We may sublicense these rights through multiple tiers of sublicenses. 

Likewise, our Site, both in its components and in its entirety, its logos, and trademarks (“Trademarks”), images, text, video, audio, software, content, and arrangement thereof (“9M Content”), is protected by both applicable copyright and trademark legislation (as applicable). We will grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Site on your personal device(s); and (ii) access and view any 9M Content made available on or through the Site and accessible to you, solely for your personal and non-commercial use. You will not remove, alter, or obscure any copyright, Trademarks, or other proprietary rights notices incorporated in or accompanying the Site or 9M Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Site or 9M Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Us or its licensors, except for the licenses and rights expressly granted in these Terms.

In order for you to share our Site through hyperlinks, you are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Us or the Service in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking Site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Our Trademarks to link to the Service or establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without the express written permission of Us. Further, you may not use, frame, or utilize framing techniques to enclose any of Our Trademarks, 9M Content, other proprietary information, including the images found on the Service, the content of any text or the layout/design of any page or form contained on a page of the Service or Site without Our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or other proprietary right of 9M or any third party.

Crowdfunding

A. Project’s Creation 

The following terms will apply when you have created and manage a project being crowdfunded through Our Site (the “Project”): 

• The Site serves as a crowdfunding platform for Projects involving journalism. When 9M approves a Project to be published for crowdfunding, and this Project is posted, anyone who backs such Project is accepting the Project creator’s (the “Creator”) offer, and agreeing to the terms of a separate agreement to these Terms. We have included below the terms that govern the relationship between the Creator of a Project and any user who backs the same (the “Agreement”): 
  •  When a Project is successfully funded, a Creator must complete the Project and fulfill each reward published throughout the crowdfunding campaign, if any. The Creator shall be solely responsible for fulfilling the foregoing in the event that the Project’s funding goal is satisfied. 
  • Creators managing a Project should, at all times, during the crowdfunding phase, be transparent, honest, dedicated, and, therefore, use any reasonable means to keep the backers (the “Backers”) updated on the crowdfunding goals. The Project’s Creator, and not 9M, will be solely responsible for any information published within the Project’s feed that is incorrect, misleading, and/or false. Backers understand that there may be changes and/or delays in the Project’s goals and calendar, and that there is a possibility that an act beyond the Creator’s control prevents the Project from being finished. 
  • The Creator shall have the responsibility to make every reasonable effort to fulfill any and all statements and goals published through the Project for the best possible conclusion for its Backers. 
  • The Project’s Creator shall have fulfilled its obligations in and to the Project, under this Agreement, if he fulfills the following: 
    • It maintains any and all Backers informed of how funds will be used; 
    • The Project’s Creator makes every reasonable effort to bring the Project to its conclusion in a timeframe that is communicated to Backers, and that is reasonable; 
    • The Project’s Creator is able to evidence any and all uses of the funds appropriated throughout the Project’s campaign in furtherance of its completion;
    • The Project’s Creator has not made any material misrepresentations in its communications to the Backers; and 
    • If a reward is represented to potential Backers, that the Project’s Creator offers to return any remaining funds to Backers who have not received such reward in proportion to the amounts pledged and/or communicate with the same with a reasonable explanation of how the funds will be used in furtherance of the Project’s completion. 

If the Creator is unable to satisfy the foregoing terms, it will be solely responsible for the same and, thus, subject to legal action by Backers.

B. Creating a Project

The following terms will apply when you propose a Project to be published through Our Site: 

• After your Project has been funded, you can cancel and refund a Backer’s pledge at any time. If you do, you have no further obligation to that specific Backer, and no agreement exists between you.
• 9M and its payment partners may subtract fees before transmitting the proceeds of a campaign.
• Because some payments cannot be collected—for instance, when a Backer’s credit card expires before funding ends, and they do not provide updated information—we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
• If a Backer of your Project disputes the charge with their card issuer, we will handle re-presenting the charge to settle the dispute with the card issuer. You will be notified that a dispute has been filed, and you will be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your Project for the amount of the chargeback.
• 9M reserves any and all right to approve and/or deny a request to publish a Project for crowdfunding. Do not assume you will be able to launch your Project when you propose the same. Moreover, there may be a delay between the end of a successful campaign and your access to the funds. Do not take any actions in reliance on collecting any of the money pledged until you actually have the ability to withdraw the same from your account and spend it. Creators may request that 9M provides them a partial disbursement of funding to be used for a particular Project. Such request will be approved and/or denied by 9M in writing, at its sole discretion. 
• If your Project is accepted by 9M to be published through the Site, you agree that 9M will collect a 10% overhead fee from the Project’s costs (including any and all services agreed upon by the Creator and 9M in writing) and a 20% Project profit margin fee. 9M will not collect any fee without providing the Creator a written notification of the same. The Creator is completely responsible for paying any and all applicable fees and/or taxes associated and/or related in any way to the Project’s crowdfunding campaign and/or the funding’s collection. 

C. Backing of a Project

The following terms will apply when you back a Project through Our Site: 

• To participate in the crowdfunding of a Project, you will be required to provide certain payment information. Your payment information will be provided at the moment you make a pledge in and to the Project. Once you have pledged any funds to a particular Project, you agree that Creator and/or 9M may charge for such pledged funds before the Project’s funding deadline, in furtherance of the Project’s execution. If the Project is not executed, partially and/or totally, no funds will be collected. However, 9M and/or any of its payment partners may authorize or reserve a charge on your credit card (or the payment method selected) for any amount up to the full pledge, at any time between the pledge and the collection of funds.

• You can increase, decrease, or cancel your pledge at any time during the Project’s crowdfunding campaign, with the following exception. On or before the crowdfunding deadline, if a Project’s execution has commenced, at such point, you may not decrease or cancel your pledge without contacting customer support first. At such point, decreasing or canceling a pledge shall be at 9M’s sole discretion. 
• The month and year listed on each reward of the Project, if any, is the Creator’s estimate of when they will provide such reward—not a guarantee to fulfill by that time. The schedule may change as the Creator works on the Project.  
• To receive a Project’s reward, if any, you will need to provide the information in a reasonable amount of time. Creators should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at info@9millones.com if you receive a request for information that seems inappropriate or excessive.
• Responsibility for finishing a Project lies entirely with the Project Creator.  
• It is 9M’s policy that if any funds pledged for a Project are not used for the same by Creator, such funds will be credited amongst Backers of the Project for future use within the Site. 

Indemnification and Disclaimers.

THIRD-PARTY CONTENT

In using our Service and/or Site, you may be exposed to content from third parties (“Third-Party Content”), either on our Service or through links to third-party websites. We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, other Account users of Our Service. 

DISCLAIMER OF WARRANTIES

IF YOU USE OUR SITE AND/OR SERVICE, YOU DO SO AT YOUR SOLE RISK. OUR SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SITE, OR ANY PRODUCTS OFFERED ON THE SITE FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SITE OR SERVICE WILL BE ACCURATE OR RELIABLE.

9M DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAILS SENT FROM 9M ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT, INCLUDING YOUR PERSONAL INFORMATION, THROUGH THE USE OF OUR SITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

LIMITATION OF LIABILITY

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL 9M, OR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE PRODUCTS OFFERED IN THE SITE, IF ANY, OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BY AGREEING TO THESE TERMS, YOU EXPLICITLY AND UNEQUIVOCALLY FOREVER WAIVE AND RELINQUISH ANY CLAIM, SUIT, ACTION, OR ANY OTHER LEGAL EQUIVALENT ACTION AGAINST US FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICE.

NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS, BUT NOT LIMITED TO, POWER, INTERNET, OR COMMUNICATION OUTAGES, POWER OUTAGES, FIRE, FLOOD, EARTHQUAKES, TORNADOES, HURRICANES, WARS, PANDEMICS, ACTS OF GOD, FORCE MAJEURE, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY OR EVENT BEYOND THE CONTROL OF 9M.

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, THE SERVICES, OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.

DMCA

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing: (i) identification of the copyrighted work or works claimed to have been infringed; (ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (iii) your contact information including name an address, telephone number, and, if available, an email address; (iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law; (v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) your physical or electronic signature; 9M’s designated copyright agent to receive notifications of claimed infringement is: info@9millones.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Indemnity

You shall defend, indemnify, and hold 9M harmless (and each of our officers, directors, members, shareholders, employees, agents, and affiliates) from any claim, demand, action, damage, loss, judgment, cost, or expense, including, without limitation, reasonable attorneys’ fees and costs, arising out of or relating to (a) your use of our Site and/or Service; (b) your violation of these Terms; (c) your violation of any rights of another; (d) your conduct in connection with the Site and/or Service; (e) your participation and/or backing of any crowdfunding Project; and/or (f) your creation, publication, and management of a crowdfunding Project. If you are obligated to indemnify Us, We will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether We wish to settle it, and if so, on what terms.

Dispute Resolution

We will always work in good faith with our users to resolve any dispute or issue that may arise in the manner that is most constructive and efficient to all parties. However, if We cannot resolve a dispute in a manner that is satisfactory to you, then you and 9M agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and 9M are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and 9M agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in the Commonwealth of Puerto Rico and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association, excluding any rules or procedures governing or permitting class actions. These Terms shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You and 9M also agree that the state or federal courts in the Commonwealth of Puerto Rico have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND 9M WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the foregoing paragraphs by sending written notice of your decision to opt-out to the following email address: info@9millones.com. The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the aforementioned terms. If you opt-out of these arbitration provisions, We also will not be bound by them.

Contacting Us & Customer Service: 

You may contact Us at the following address:

info@9millones.com 

You may also contact us concerning any conduct of a fellow user that you believe are not in line with these Terms. 

Termination

You may cancel your subscription to any newsletter, to which you have been subscribed with Us and/or your Account, at any time by sending us an email at info@9millones.com. We reserve the right, at any time, and without prior notice, to disable access to any Content or terminate your Account for any violation of these Terms.

Miscellaneous.

You may not assign any of your rights or obligations under these Terms without prior written consent from Us. We may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.

Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

These Terms will govern the relationship between 9M and its users, with the exception of any particular clause, obligation or condition that is legally inapplicable in your jurisdiction.