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COMPETITION (GAMES OF SKILL)
TERMS AND CONDITONS
BY ENTERING INTO THE COMPETITIONS, YOU AGREE TO THE NUMBER1BEST PTY LTD (“8SECONDZ”) TERMS AND CONDITIONS AND ALL POLICIES AND GUILDLINES. THE TERMS AND CONDITIONS OF THE COMPETITION AND THE COMPETITION RULES FORM PART OF THE 8SECONDZ AGREEMENT, AND WHERE IT IS NOT EXPRESSLY STATED, THE TERMS AND CONDITIONS OF THE AGREEMENT ARE IMPLIED. IF YOU DO NOT AGREE PLEASE DO NOT ENTER IN THE COMPETITIONS.
1. These Terms and Conditions and all other information provided prior to entering the 8secondz Competitions, and any instructions in the Rules on how to enter the Competitions form part of these Terms and Conditions. Participation in the Competitions is deemed acceptance of these Terms and Conditions. Any entry not complying with these Terms and Conditions is invalid.
2. The Competitions will be conducted by NUMBER1BEST PTY LTD (the “Promoter”)
3. The Terms may be amended or replaced by the Promoter in its absolute discretion and at any time.
4. To enter the Competitions you must be 13 years old or over, hold a valid 8secondz User Account. Entry is open only to residents of a Country who comply with any entry restrictions specified in these Terms and Conditions. The competition is subject to all federal, state and local laws and regulations, and is void where prohibited.
5. Employees (and their immediate families) of the Promoter, participating retailers and agencies associated with this Competition are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
6. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process. Errors and omissions will be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. Incomplete or indecipherable entries will be deemed invalid.
7. The Competition will be conducted during the Competition Period. To enter the Competition entrants must follow “How to Enter” in the Competition Rules and comply with all other applicable requirements during the Competition Period. Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Entries Per Person. Multiple entries (where permitted) must be submitted separately. Automated computer -generated entries will not be accepted.
8. Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for receipt of incorrect, inaccurate or incomplete information caused by an entrant or occurring during transmission. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Competition. The Promoter has no obligation to acknowledge or return the entry.
9. The entrant acknowledges and agrees that the entry is not obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encouraging of conduct that would be considered a criminal offence, gives rise to civil liability, or violate any law.
10. The entrant confirms and warrants that they have full power and authority to enter into this agreement and is not prohibited from entering into this agreement.
11. The Entrant hereby indemnify the Promoter from and against any and all costs and damages incurred as a result of any breach of the representations and warranties made by the entrant herein.
12. The Promoter reserves the right to reject any entry submitted to the Competition.
13. As a condition of accepting the prize, the Winner (and his/her companion) must sign any legal documentation as and in the form required by the Promoter in their absolute discretion, including but not limited to a legal release and indemnity form. Where the prize includes Mentor Sessions, the Winner must agree to not film or record the sessions in video, audio, produce, reproduce, make a copy or exploit t through any medium or infringe the Mentors copyright pursuant to all Intellectual Property and Copyright Laws recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
14. All entries in this Competition are the property of the entrant and each entrant, by entering this competition, grants the Promoter an irrevocable, perpetual, sub-licensable, worldwide gratis licence to produce, reproduce, edit, adapt, distribute publish, broadcast, perform and communicate and otherwise use their entry to the Competition in any manner whatsoever including, without limitation, in further promotion of the Competition, by way of commercial purposes and may extend to or involve use by or with one or more third parties. If requested by the Promoter, the entrant shall complete and sign a formal licence of copyright to give effect to the foregoing.
15. To the extent necessary, the entrant hereby waives all moral rights (as defined by the Copyright Act 1968 (Cth), including the right of attribution.
16. The entrant warrants the entry is an original work and does not incorporate any other materials which are subject to third party proprietary rights or otherwise infringe any third party’s rights. The entrant further warrants that they have the required consents and approvals from individuals appearing in the entry.
17. Entrants agree to, at the Promoter’s request, participate in reasonable promotional activity surrounding the Competition or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or in taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time.
18. At the conclusion of the Competition Period on the Judging Date and Time, the entries will be judged by the number of Likes and/or by suitability qualified contracted representatives of the Promoter based on the Judging Criteria. The Prize(s) will be awarded to the entrant or entrants (as applicable) which best meet the Judging Criteria. Chance plays no part in determining the outcome.
19. The Promoter may, in its absolute discretion, disqualify: a) any entry which is not original, is not completed in accordance with these Terms, infringes the intellectual property rights of any third party, contains any objectionable or poor quality content, or has the potential to damage the reputation of any person; or b)  any individual who tampers with the entry process, submits an entry that is not in accordance with the Terms, or who has in the opinion of the Promoter, engaged in unlawful or improper conduct that is designed to, or is likely to, adversely affect the fair and proper conduct of the Competition or is generally damaging to the goodwill or reputation of the Promoter.
20. The Winner(s) shall be determined in accordance with the Competition Rules and shall be notified in accordance with the Notification of Winners as set out in the Competition Rules.
21. The judgement decision is final and binding upon all entrants and no correspondence will be entered into. Entrants who are not winners will not receive any notification at all. The Promoter will contact the Winner(s) in accordance with the Notification of Winners provision to arrange for delivery of the Prize.
22. The Prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated. Each prize is not transferable to another person (unless agreed to by the Promoter) or exchangeable for other goods and services and cannot be redeemed for cash.
23. The Promoter reserves the right to request winners to provide proof of identity, proof of residency and/or proof of entry validity in order to claim a prize. Proof of identity, residency and/or entry validity considered suitable for verification is at the Promoter’s discretion. In the event that a winner cannot provide suitable proof, the winner will forfeit the prize in whole and no substitute will be offered.
24. The Promoter reserves the right to rejudge in the event of any entrant being unable to satisfy these Terms and Conditions or forfeiting or not claiming the Prize by the Prize Claim Date and Time. If a Prize remains unclaimed or forfeited through ineligibility or otherwise, the Promoter will conduct further rounds of judging, as required, at the same time and place as the original judging on the day after the Prize Claim Date. The alternate winner shall be notified in accordance with the Notification of Winners section of the Rules.
25. The Promoter reserves the right, in its absolute discretion, at any time before the awarding of the prizes to cancel or vary a competition, or cancel, vary or withdraw its prizes. If the Promoter cancels or varies a competition, or cancels, varies or withdraws its prizes, is not: a) liable to any person for any costs, loss or damage whatsoever arising out of, or in connection with, such cancellation, variation or withdrawal; or b) required to conduct the Competition at any other time.
26. If the Prize is unavailable for any reason, the Promoter, in its discretion, reserves the right to substitute the Prize with a gift to the equal value and/or specification, subject to any written directions from a regulatory authority.
27. If this Competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
28. Any cost associated with accessing the promotional websites and mobile applications is the entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
29. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees, agents and Mentors) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the competition, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any claim or offer that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in gift value to that stated in these Terms and Conditions; (e) any tax liability incurred by a entrant; or (f) use of a Prize.
30. The Promoter and its associated agencies shall not be liable in any way if the performance of obligations hereunder is delayed or becomes impossible by reason of any Act of God, war, fire, earthquake, strike, sickness, accident, civil commotion or any other cause.
31. Any information or material provided by entrants to the Promoter when entering the Competition will be used by the Promoter for the purpose of promoting the purpose of the Competition, conducting the Competition, administering the prizes and as otherwise specified in these Terms. The Promoter may use any personal information in accordance with its Privacy Policy. Entrants may access and correct their personal information held by the Promoter, upon request to the Promoter.
32. These Terms and Conditions shall be governed by the law of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of the State of New South Wales, or other such competent courts, to resolve any dispute or claim arising from this Agreement. The competition is subject to all federal, state and local laws and regulations, and is void where prohibited. Entrants are responsible to ensure that they are compliant with the laws and regulations of their place of residence when entering the Competitions.
GUIDELINES AND ADVERTISERS POLICY
GUIDELINES
THESE GUIDELINES ARE TO ENSURE THAT 8SECONDZ MAINTAINS A HAPPY AND SAFE ENVIRONMENT FOR ALL WHO ARE PART OF IT. THE GUIDELINES FORM PART OF THE 8SECONDZ AGREEMENT, IF YOU DO NOT AGREE TO ADHERE TO OUR GUILDLINES PLEASE DO NOT CONTINUE TO USE THE 8SECONDZ APPLICATION.
SAFETY
8secondz will not tolerate negative conduct of any kind or threats to the safety of the community on our platform.
You must not use threatening language of any kind for any reason.
You must not make threats of harm to personal or public safety.
You must not make threats of harm to commercial entities or make threats of physical harm to any individuals.
You must not carry out any threats of harm.
If it is found, or 8secondz has reasonable grounds to believe, that a member of the 8secondz community is engaging in negative conduct or is threatening the safety of the community, 8secondz may at any time, and without notice, suspend or terminate their Account, refuse future use of the Services and inform the relevant authorities.
INTEGRITY
8secondz will not tolerate dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform.
You must not create an Account for anyone other than yourself or transfer or assign the rights to your Account to anyone, or knowingly compromise the security of your Account.
You must not hold multiple Accounts.
You must not open an Account on behalf of a child under 13.
You must not pretend that you are, or that you represent someone else, or impersonate any other individual or entity for any purpose.
You must not disguise or manipulate identifiers in order to the origin of any communication you send to or through 8secondz.
You must only communicate content you own or have the right to communicate.
If it is found, or 8secondz has reasonable grounds to believe, that a member of the 8secondz community has provided information that is not true, accurate, current and complete, 8secondz may suspend or terminate their Account, refuse future use of the Services and inform the relevant authorities.
CONDUCT
The 8secondz platform can be accessed from all around the world. Our community is therefor made up of people from different cultures, countries, religions and races. We will not tolerate disrespectful conduct of any kind towards anyone on our platform.
You must not use 8secondz to communicate or incite any content that is offensive or directly attacks, intimidates or harasses someone based on any of the following;
Religion or Faith
Race or Ethnicity
Nationality
Sexual Orientation
Age
Gender or Gender Identity
Disability or Disease
You must not defame, stalk, bully, abuse, harass or intimidate anyone, or restrict another User’s use and enjoyment of the platform in any way.
If it is found, or 8secondz has reasonable grounds to believe, that a member of the 8secondz community’s behavior or conduct is disrespectful to another, 8secondz may suspend or terminate their Account, refuse future use of the Services and inform the relevant authorities.
REPORTING
8secondz makes it easy for you to report and get our support. To report content or conduct which you believe violates our Guidelines or Terms and Conditions or any other 8secondz Policy, go to Contact Support where you will able to fill out a report and submit it directly to our Support Team. Please read the policies before submitting your report and adhere to the following reporting guidelines;
Reporting Copyright
IF YOU BELIEVE THAT ANYTHING ON OUR SERVICES VIOLATES YOUR INTELLECTUAL PROPERTY OR INFRINGES A COPYRIGHT THAT YOU OWN OR ARE AUTHORIZED TO ACT ON BEHALF OF THE OWNER PLEASE GO TO 8 SECONDZ SUPPORT AND SUBMIT A report INCLUDING THE FOLLOWING INFORMATION;
Please acknowledge that you are the owner of the copyright, or authorised to act on behalf of the copyright owner;
Please identify the copyrighted work claimed to have been infringed;
Please identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
Please provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
Please confirm the information you have provided is true and accurate.
Reporting Safety, Conduct and Integrity
8SECONDZ RESPECT YOUR RIGTHS TO HAVE A HAPPY AND SAFE ENVIRONMENT. WE MAKE IT EASY FOR YOU TO REPORT ANYTHING ON OUR SERVICES WHICH IS NOT CONSISTENT WITH OUR GUIDELINES, TERMS AND CONDITIONS OR ANY OF THE 8SECONDZ POLICIES. IF YOU WOULD LIKE TO MAKE US AWARE OF, OR DIRECT OUR ATTENTION TO ANYTHING ON OUR SERVICES, PLEASE GO TO 8 SECONDZ SUPPORT AND SUBMIT A report INCLUDING THE FOLLOWING INFORMATION;
Please clearly identify the Content you wish to report;
Please identify which part of the Guidelines, Terms and Conditions or Policy you believe the Content is inconsistent with;
Please identify how you came to be aware of this Content;
Please provide details, if known, of whom you believe is responsible for this Content;
Please provide any further details you would like to add;
Please acknowledge that the details provided in this form are true and accurate.
8SECONDZ WILL DO EVERTHING WITHIN ITS REASONABLE AUTHORITY AND POWER TO RECTIFY AND RESOLVE ALL MATTERS ON OUR SERVICES. HOWEVER, WE ARE NOT UNDER ANY CIRCUMSTANCES RESPONSIBLE, OR ACCOUNTABLE, FOR USER CONTENT. IF YOU ARE NOT SATISFIED WITH THE SUPPORT TEAMS RESOLUTION FROM YOUR REPORT YOUR SOLE REMEDY IS TO DISCONTUINUE THE USE OF OUR SERVICES AND REPORT THE MATTER TO THE RELEVANT AUTHORITIES.
ADVERTISERS POLICY
THIS ADVERTISERS POLICY FORMS PART OF THE 8SECONDZ AGREEMENT, AND WHERE IT IS NOT EXPRESSLY STATED, THE TERMS AND CONDITIONS OF THE AGREEMENT ARE IMPLIED. 8SECONDZ ADVERTISERS MUST ACKNOWLEDGE AND AGREE TO THE FOLLOWING;
Terms of Use
1. Your use of our Services is subject to this Advertisers Policy, our Terms and Conditions, Privacy Policy, Guidelines and any other 8secondz policies or agreements that may be applicable;
2. Your advertisement (“ad”) does not violate any of the provisions set out in this Advertisers Policy, our Terms and Conditions, Privacy Policy, Guidelines and any other 8secondz policies or agreements that may be applicable;
3. Your ad must be honest about the products or services the ad promotes and avoid content that misleads or offends;
4. You must not infringe the intellectual property, privacy, publicity, copyright, or other legal rights of any person or entity.
5. Your ad must not be false, misleading, fraudulent, defamatory, or deceptive;
6. You will be responsible for ensuring that your ad is suitable for all ages 13+ (or the age to which the ads are targeted) in each geographic area where the ad will run;
7. You will be responsible for ensuring that your ad complies with all applicable laws, industry codes, rules, and regulations in each geographic area where the ads will run;
8. You will be transparent about your identity;
9. You will ensure the description of the ad and the add category is accurate and updated when necessary;
10. You will ensure disclosure in the ad is clear and conspicuous;
11. You will not deceive, defraud, mislead, spam or harass anyone;
12. You will communicate and engage with your customers in a meaningful way;
13. Your contact details will be easily accessible;
14. You will comply with the 8secondz provisions on User Content as set out in in the Terms and Conditions, and always obtain consent from people before publishing content on their behalf;
15. You will not include User Content in any advertisement without permission of the content owner;
16. You will make it clear how users can opt-out of the collection and use of information for ad targeting;
17. If you asked to remove User Content or other information by the owner of the content or information, you will do so in 24 hours or less;
18. You will not store or cache 8secondz login credentials and only store or cache User Content for the period necessary to provide your services;
19. You will not use 8secondz User information for anything other than analytics without our express permission;
20. You will ensure that any data collected is anonymous and that the aggregated data you collect does not contain information that the identity of a specific person could be inferred from it;
21. You will obtain the necessary consent before you use technologies that enable you to store and access cookies or other information on the User’s device, especially in jurisdictions that require informed consent for the storing and accessing of information;
22. You will respect the look, feel and function of 8secondz, and will not offer experiences that change, replicate, or aim to redirect Users away from it;
23. You will not attempt to identify groups of individuals for the purpose of contacting or targeting them on or offline;
24. You will not license, sell, purchase or transfer any data that you receive from 8secondz (including anonymous, aggregate, or derived data) to any ad network, data broker or other advertising or revenue- generating service;
25. You will comply with all applicable laws or regulations at all times and will not violate the rights of any person, including but not limited to, intellectual property rights or rights of privacy;
26. You will not expose 8secondz, our Users or any related third parties to harm or liability;
27. You indemnify 8secondz from and against all damages, losses, and expenses of any kind (including legal costs) related to any claim against us related to your service, actions, content or information;
28. You give us all the rights necessary to enable your content;
29. All ads to be displayed on the 8secondz app must be full-screen video ads that display vertically in portrait mode. All ads must be of the highest quality and meet the highest editorial standards;
30. You agree you’re add is subject to our review and approval and 8secondz reserves the right to reject or remove any ad in our sole discretion for any reason. We also reserve the right to request modifications to any ad, and to require factual substantiation for any claim made in an ad;
31. Any testimonials and endorsements contained in ads must comply with all applicable laws, industry codes, rules, and regulations. A disclaimer is required if an endorser's results were atypical or if the endorser was paid;
32. You agree your ad will not contain any of the following prohibited content;
A. Content that promotes or encourages dangerous behavior;
B. Content depicting drug use;
C. Content that exploits an individual who is intoxicated;
D. Content that demeans, degrades, or shows hate toward a particular race, gender, culture, country, belief, or toward any member of a protected class;
E. Content depicting nudity, sexual behavior, or obscene gestures;
F. Content depicting excessive violence, including the harming of animals;
G. Shocking, sensational, or disrespectful content;
H. Deceptive, false, or misleading content, including deceptive claims, offers, or business practices;
I. Content that directs users to phishing links, malware, or similarly harmful codes or sites; and
J. Content that deceives users into providing personal information without their knowledge, under false pretenses, or to companies that resell, trade, or otherwise misuse that personal information;
43. You agree your ad will not promote the following prohibited products and services;
A. Adult products and services
B. Cigarettes (including e-cigarettes), cigars, smokeless tobacco, and other tobacco products;
C. Products or services that bypass copyright protection, such as software or cable signal descramblers;
D. Products or services principally dedicated to selling counterfeit goods or engaging in copyright piracy;
E. pyramid schemes or offers or any other deceptive or fraudulent offers;
F. Illegal or recreational drugs;
G. Counterfeit, fake or bootleg products,
H. Firearms, weapons, ammunition, or accessories;
I. Any illegal conduct, product, or enterprise.
53. You agree the following ad categories are restricted and require approval by 8secondz;
A. Ads that promote or reference alcohol
B. Ads for online pharmacies or pharmaceuticals;
C. Ads promoting dietary and herbal supplements.
D. Ads for financial services;
E. Ads for gambling and games of skill and lotteries
F. Ads for contraceptives;
60. If we determine you are in breach from our Terms and Conditions, Guidelines, Privacy Policy, this Policy or any of our policies, or is negatively impacting the Services, 8secondz may at any time remove your add, restrict your access to our Advertisers functionality, require that you delete data, or terminate our Agreement with you, and/or any other action that we deem appropriate, without notice or liability.
Warranties and Liability
8SECONDZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME 8secondz MAY REMOVE OUR SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT 8secondz'S LEGITIMATE INTERESTS
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY 8SECONDZ) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT ADDLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEESWHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.
IN NO CASE SHALL 8SECONDZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, 8SECONDZ'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
8SECONDZ SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE 8secondz FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
8secondz DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE 8secondz FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
8SECONDZ IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, INDEMNIFY AND HOLD 8SECONDZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY 8SECONDZ AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM 8SECONDZ, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF 8SECONDZ'S REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION ADDLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.