8i Terms of Use

Last updated: February 12, 2019

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”). 

  1. Acceptance of the Terms. Please carefully read the following terms of use (“Terms of Use”) and all other terms, licenses, rules and guidelines that we may communicate to you from time to time through the Services, including the Privacy Policy (https://8i.com/legal/privacy) which is incorporated herein by reference, and the terms set forth on the 8i Developer Portal (https://8i.com/legal/developer-terms/) ((“8i Developer Portal Terms”), and collectively, the “Terms”), as these Terms create a binding legal contract between you and Company when you use the Services.  By accessing, using or availing yourself of the Services in any manner, you (“You” or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms.   If at any time you do not agree to any Terms, you should immediately terminate any and all use of the Services, and your right to use the Services ceases immediately. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to 8i if you, such entity or any other person associated with such entity (e.g., entity employees or contractors) violates these Terms. These Terms of Use set forth the general terms for access to and use of the Services. Portions of the Terms, for example, those governing the 8i Developer Portal (the “Developer Terms”), may set forth additional rights or prohibitions from these Terms of Use. To the extent that you access the 8i Developer Portal, such additional terms shall apply to your use of those particular Services (in the case of the Developer Portal, the “8i Developer Services”).
  2. Accessing the Services. You must meet the age requirements of the particular 8i Services. With respect to Holo, you must be an individual at least 13 years old and with respect to Odyssey at least 18 years old, and must not have previously been removed or suspended from the Services for any reason. By using the Services, you represent that (i) you are at least 13 years old in the case of Holo, at least 18 years old in the case of Odyssey, and at least the required age for any other 8i Services, and in any case that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and (ii) have not previously been removed or suspended from the Services. Further, by using or registering for the Services, you agree to abide by and comply with these Terms, and you acknowledge that you are accepting the benefit of the Services, subject to these Terms.   8i grants you permission to access and use the Services during the Term as set forth in these Terms and consistent with the intended features of the Services, provided that: (i) you use the Services solely for your personal, private, noncommercial purposes; (ii) you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Services, including any materials obtained from or included within the Services; and (iii) you do not engage in any of the prohibited uses described below; in each case (i-iii) unless otherwise specifically authorized by 8i to do so.
  3. Account Information & Responsibilities.  Some portions of the Services may require or permit you to register and you may be asked to select a password to do such things as to open an account, order and access a Product, or submit a customer review. You hereby represent and warrant that the information you provide to 8i upon registration (including information provided through third party Linked Accounts, as defined below, where applicable), and at all other times, will be true, accurate, current, and complete.  You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.  Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You agree to maintain the confidentiality of your password(s) and account(s), and you agree that you are fully responsible and accountable for all activities that occur under your account(s). You agree to notify us immediately of any unauthorized use of your password or an account or any other breach of security. Notwithstanding the above, we may rely on the authority of anyone accessing your account(s) or using your password(s) and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of 8i under this provision, (ii) any compromise of the confidentiality of your account(s) or password(s), and (iii) any unauthorized access to your account(s) or use of your password(s). You may not use anyone else’s account at any time.
  4. Access, Preservation and Disclosure of Information. You acknowledge, consent and agree that 8i may access, preserve and disclose your account information and User Content (as defined below) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; or (e) protect the rights, business interests, property or personal safety of 8i, its users, its business partners, and the public.
  5. Ownership; Proprietary Rights. The Services are owned and operated by 8i.  The visual interfaces, graphics, design, compilation, information, computer code, Products, software (including any downloadable software), services, and all other elements of the Services provided by 8i ("Site Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.  All Site Content is the copyrighted property of 8i or its subsidiaries or affiliated companies and/or third parties, except for User Content (if any), to which you retain your copyrights.   You agree and understand that Site Content may include Third Party Content, as set forth in further detail below.  All trademarks, service marks, and trade names are proprietary to 8i or its affiliates and/or third parties.  You agree not to sell, license, distribute, copy, reverse engineer, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of 8i or any third party.
  6. Linked Accounts and Social Networking Sites. 8i may, now or in the future, allow you to link your account(s) on the Services to your accounts on third party services, such as social networking sites (“Linked Accounts”).  If you link your account on the Services to a Linked Account, you are authorizing 8i to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Services with content, information, and features available through such Linked Account. Linking, accessing or using a third party service through the Services in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third party terms.  
  7. Third Party Content. 8i may contain or display through the Services (including through third party services enabled through the access and use of the software available via the 8i Developer Portal) various information, other materials or content from third parties, including User Content (“Third Party Materials”). The display on or through the website and Services of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, approval, recommendation or affiliation of 8i. Furthermore, in using and accessing the Services, you agree that 8i is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. Your interaction with any Third Party Materials accessed through the Services (whether online or offline) is at your own risk, and 8i will have no liability relating thereto. 
  8. User Content; No Obligation to Publish. You agree that 8i is free to use any communication, photos, stills, videos, footage, comments, information, ideas, concepts, reviews, techniques, content or any other material you may create, send to us or provide through the Services, including, without limitation, surveys, responses to questionnaires or through postings and/or submissions to the website or Services (“User Content”) without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing Products and creating, modifying or improving the Services and our Products. Furthermore, you grant us and those we work with a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute such User Content and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future. By creating, posting or providing any such material or information, you represent and warrant that public posting and use of such material or information by 8i will not infringe on or violate the rights of any third party or require obtaining a license or consent from or paying royalties to any third party for the exercise of any rights granted in these Terms.  8i makes no representations that it will publish or make available any User Content on the Services, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice.  Without limiting the generality of the preceding sentence, 8i complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see Section 10 titled “Digital Millennium Copyright Act”, below).
  9. License Purchases, Subscriptions and Payments. 8i may charge a fee to access some portions of the Services. For example, 8i may allow you to purchase limited licenses to view certain Site Content within the Services for as long as such Services are offered by 8i. Such limited license allows you to view and use Site Content within the Services that would otherwise not be available to you. 8i may also allow you to subscribe to certain Services or portions thereof. Subscription to Services may allow you to, for example, access all Site Content available on a particular Service for the duration of your subscription. Currently, the holographic 8i Site Content is only usable on the Services. By buying a license to individual Site Content or subscribing to an Service, you acknowledge and agree that your use of such Site Content may be limited to the Services. Licenses to Site Content are non-refundable. Subscriptions to Services may be cancelled at any time. Your subscription will exist as long as the subscription you purchased. 8i does not refund amounts paid for any subscriptions. If you cancel your subscription in the middle of a subscription time period, you will have access to your subscription for the remainder of the then current subscription time period (e.g., if you are on a monthly subscription, and you terminate on day 15 of a month, your subscription will continue through the end of the current month in which you cancelled your subscription). 8i uses third parties to process all user payments. Currently, Stripe (https://stripe.com/) processes payments for the Services. You should carefully review the terms related to Stripe’s payment services as they will govern the payment transaction and the information that you provide or that 8i shares with Stripe in order to facilitate transactions related to the Services, and Stripe’s terms are controlled by Stripe and will be different than these Terms. In the future, 8i may use additional or different payment processors to process transactions related to the Services. You should always review the terms of such third party processors prior to completing any purchase transactions on the Services. Generally, your license purchase or subscription plan will only apply to a particular Service and will not apply across the array of Services that 8i offers. For example, a license purchase of holographic Site Content on Odyssey will not generally allow you to use such Site Content on Holo. If you have a problem with your Site Content license purchase or subscription to the Services, please contact 8i here: help@8i.com, and 8i will use reasonable efforts to assist you.
  10. Digital Millennium Copyright Act.  8i respects the rights of copyright owners and expects its users to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyrights of others. You agree not to provide any infringing content to the Services or in any User Content and must own or have all required rights, licenses, consents, and permissions to use any copyrighted work on the Services or in any User Content and grant the rights granted herein.  If you believe that your work has been posted on the Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Services where the material that you claim is infringing is located; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.  8i’s designated agent for notice of copyright infringement can be reached at:  Attention: Copyright Agent, 8i Corporation, 5340 Alla Road, Suite 140, Los Angeles, California 90066 or by electronic mail at legal@8i.com.
  11. Prohibited Uses of the Services.  You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party.  Without limiting the proceeding sentence, you agree that you will not, do or attempt to (unless you are specifically authorized by 8i to do so):
    • Reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any part of the Services, use of the Services, access to the Services, or content obtained through the Services (including without limitation Site Content, Third Party Content, and User Content), for any purpose other than for your personal, noncommercial purposes or unless you are specifically authorized by 8i to do so via the Terms or contractual agreement;
    • Access or use the Services for any commercial or business purpose, including without limitation for comparative or competitive research purposes;
    • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services or any portions of the Services that are only accessible after purchasing a license or subscription, or features that enforce limitations on the use of the Services or any content therein;
    • Use any manual or automated means to extract and/or compile content, including without limitation, Site Content, Third Party Materials and User Content, from the Services for any commercial purpose or otherwise;
    • Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
    • Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message;
    • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
    • Interfere with or disrupt the Services, networks or servers connected to the Services, or violate the regulations, policies or procedures of such networks or servers;
    • Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Services, Site Content, Third Party Materials, or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Services other than as intended;
    • Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
    • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise);
    • Use the Services in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations;
    • Use any means to scrape or crawl any Web pages contained in the Site; or
    • advocate, encourage, or assist any third party in doing any of the foregoing.
  12. Modification of the Terms.  8i may amend the Terms at any time and in its sole discretion and for any reason. When we do so, we will post the revised Terms of Use on the Sites and anywhere else the Services are made available. Whenever you visit our Sites or use any of our Services you agree to be bound by the most recent Terms of Use (https://8i.com/legal/terms).
  13. Termination. 8i, in its sole discretion and for any reason or no reason, may terminate your account on the Services, disable your access to the Services (or any part thereof), discontinue the Services and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice.  You agree that 8i shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, 8i may terminate your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.  These remedies are in addition to any other remedies 8i may have at law or in equity. Whether such termination was voluntary or involuntary, you acknowledge that 8i is not required to provide a refund for any reason, and that you will not receive money or other compensation for any purchased content when your account is terminated. 
  14. Indemnity.  You agree to indemnify and hold harmless 8i Corporation and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other 8i users who use any User Content you upload to the Services or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Services (including your use or misuse of Third Party Materials); (ii) your User Content or your feedback that you provide to 8i; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights.  8i reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.  You may not settle any matter without the prior written consent from 8i. 
  15. 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. 

  16. Limitation of Liability.  IN NO EVENT WILL 8I, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICES, SITE CONTENT, THIRD PARTY MATERIALS OR THE SITES OR THE 8I DEVELOPER PORTAL; (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY CONTENT; OR (III) PLANS MADE OR INFORMATION ACQUIRED THROUGH THE SERVICES,  INCLUDING, WITHOUT LIMITATION, (I) ANY FEES OR COSTS ASSOCIATED WITH CANCELLED, INTERRUPTED OR DELAYED PLANS; (II) ANY FEES OR COSTS RESULTING FROM MISINFORMATION OR FAILURES IN COMMUNICATION; (III) AND ANY ACCIDENTS OR UNEXPECTED EVENTS OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF 8I IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL 8I, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES THAT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US TO USE THE SERVICES.
  17. Limitations; Basis of the Bargain.  APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND 8I, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 8I, 8I’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU UNDERSTAND AND AGREE THAT 8I WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
  18. 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.

  19. Notices.  8i may provide you with notices by electronic mail, regular mail or postings on the Services.  If Notice is provided by electronic mail to your last registered email address, notice will be deemed given twenty-four hours after electronic mail is sent.  If notice is provided by posting through the Services, then notice will be deemed given upon such posting.  Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services.  In such case, notice will be deemed given three days after the date of mailing.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an email to: help@8i.com. You may also contact us by writing to 8i at 5340 Alla Road, Suite 140, Los Angeles, CA 90066.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  20. Miscellaneous.  These Terms are the entire agreement between you and 8i relating to the subject matter herein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between you and 8i with respect to said subject matter.  In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect.  The failure of 8i to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and 8i as a result of these Terms or use of the Services.  The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 8i without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains.  Any assignment attempted to be made in violation of these Terms shall be void.  The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
  21. The Services hereunder are offered by:

    8i Labs, Inc.
    Email: help@8i.com
    Address: 8i, 5340 Alla Road, Suite 140, Los Angeles, CA 90066.