Welcome and thank you for your interest in 8i Corporation and its subsidiaries including 8i Labs, Inc (together“8i”). 8i provides various content and services through websites owned and/or controlled by it (including without limitation by 8i.com) (the “Sites”), mobile applications (including, without limitation “Holo”) (the “Apps”), and other software and applications (the Sites, together with its content and services provided by 8i, the Apps, and other software and applications are collectively referred to as the “Services”).
• Accessing the Services. You must be an individual at least 13 years old to use the Services 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, 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.
• 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.
• 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 and the public.
• 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.
• 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.
• Third Party Content. 8i may contain or display through the Services various information, and 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 accessed through the Services (whether online or offline) is at your own risk, and 8i will have no liability relating thereto.
• 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).
• 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, 10567 Jefferson Boulevard, Culver City, CA 90232 or by electronic mail at email@example.com.
• 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:
• 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;
• 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 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 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 Content, 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); or
• 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.
• advocate, encourage, or assist any third party in doing any of the foregoing.
• Termination by 8i. 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.
• Indemnity. You agree to indemnify and hold harmless 8i 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; (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.
• 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, OUR COMPANY AND ITS AFFILIATES MAKE 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 SITE 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 SITE 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.
• Limitation of Liability. IN NO EVENT WILL 8i, ITS OFFICERS OR DIRECTORS 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 SITE; (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 OR DIRECTORS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED DOLLARS ($500).
• 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.
• Choice of Law. You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over 8i, either specific or general, in jurisdictions other than New York. You agree that the laws of New York, excluding New York’s choice of law rules, will apply to these Terms of Services. In addition, for any dispute arising out of or related to the Services, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in New York County, New York. Without limiting the effect of any disclaimer contained herein, any cause of action you may have with respect to your use of the website or Services must be commenced within one (1) year after the claim or cause of action arises.
• 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 firstname.lastname@example.org. You may also contact us by writing to 8i at 10567 Jefferson Boulevard, Culver City, CA 90232. 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.
The Services hereunder are offered by:
Address: 8i Corporation, 10567 Jefferson Boulevard, Culver City, CA 90232