Welcome and thank you for your interest in 8i Labs, Inc. and its parent and subsidiary companies (together, “8i”). 8i provides various content and services through websites owned and/or controlled by it (including, without limitation, 8i.com and odyssey.8i.com (“Odyssey”)) (the “Sites”), mobile applications (including, without limitation “Holo”) (collectively, the “Apps”), and other software, services, and applications (“Products”), including those made available via the “8i Developer Portal” (the Sites, together with its content and services provided by 8i, the Apps, the 8i Developer Portal (https://8i.com/developers) other software and applications are collectively referred to as the “Services”).
Disclaimers. THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE, SOFTWARE, APPLICATION OR INFORMATION PROVIDED BY 8I), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
IN PARTICULAR, 8I MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. 8I AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES, 8I DEVELOPER PORTAL OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES, 8I DEVELOPER PORTAL, OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 8I HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY 8i.
Dispute Resolution & Governing Law.
PLEASE READ THE FOLLOWING SECTION CAREFULLY AS IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (AND A CORRESPONDING JURY TRIAL WAIVER) OF ALL DISPUTES (OTHER THAN SMALL CLAIMS DISPUTES AND CERTAIN INTELLECTUAL PROPERTY DISPUTES) WITH 8I AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM 8I AS FOLLOWS: NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR REPRESENTATIVE ARBITRATIONS.>
Federal Arbitration Act. You and 8i agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.
Binding Arbitration; Disputes; Small Claims. YOU AND 8I AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, OR THE RIGHT TO HAVE ANY DISPUTE RESOLVED IN ANY COURT, AND INSTEAD ACCEPT THE USE OF BINDING ARBITRATION; provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in Los Angeles County, California. “Dispute” as used in these Terms means any dispute, cause of action, claim, or controversy arising out of or in any way related to 8i, the Terms, the subject matter of these Terms, or access to and use of the Services, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of Third Party Materials), except any dispute, cause of action, claim, or controversy relating to Oculus’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and Oculus empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.>
No Class Arbitrations, Class Actions or Representative Actions. You and 8i agree that any Dispute is personal to you and 8i, and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other person or persons. Neither you nor 8i agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
Confidentiality. The arbitration proceedings shall be confidential. You, 8i and the arbitrator shall maintain the confidentiality of any proceedings, including, without limit, with respect to prepared and used for purposes of the Dispute subject to arbitration herunder. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
Dispute and Arbitration Process. If you have a Dispute with 8i, you agree to first contact 8i and attempt to resolve the Dispute informally by sending a written notice of your claim to 8i. The notice to 8i must be sent by certified mail addressed to: 8i, Attn: General Counsel, 5340 Alla Road, Suite 140, Los Angeles, California 90066 USA. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account, if any; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. If you and 8i cannot reach an agreement to resolve the Dispute within 30 days after such notice is received, then either party may commence an arbitration proceeding or file a claim in court. You and 8i agree that any Dispute must be commenced or filed within one year after such Dispute arose; otherwise, the Dispute is permanently barred. In the event that you and 8i cannot resolve a Dispute and you do not pursue your claims through small claims court, you or 8i shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association (“AAA”). In the event AAA declines or is unable to administer the arbitration, you and 8i agree to use an arbitration forum or arbitrator that you and 8i mutually agree. If, after making a reasonable effort, you and 8i are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator, and you and 8i shall submit to such selection. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules are available at http://www.adr.org. In order to use the Services and by your agreement to these Terms, you (1) acknowledge that you have read and understand the AAA Rules or, alternatively, (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and 8i agree that these Terms govern the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time. Subject to the FAA, the AAA Rules and these Terms, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms.>
Right to Opt Out. You may opt out of this agreement to arbitrate, the effect of which is that neither you nor 8i can require the other party to participate in an arbitration proceeding. To opt out, you must notify 8i in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your 8i account, if any, and a clear statement that you want to opt out of this agreement to arbitrate pursuant to these Terms. Please send your request to opt out to: 8i, Attn: General Counsel, 5340 Alla Road, Suite 140, Los Angeles, California 90066 USA.
Unless you choose to opt out as provided above, your agreement to settle Disputes via arbitration as set forth in this Section 18 shall survive termination of these Terms.>
Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern your access to and use of the Services. Your access to and use of the Services may also be subject to other local, state, national or international laws. 8i Labs, Inc. is based in the United States and our Services are subject the laws of the United States of America. We make no representations or warranties that the Services are appropriate or available for use in other locations.
To the extent the provisions in Section 18 do not apply to a Dispute, you further agree that all Disputes, arising under these Terms that cannot be settled through informal negotiation will be resolved exclusively in the United States District Court for the Central District of California or a state court located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating all such Disputes.
The Services hereunder are offered by:8i Labs, Inc.