TERMS AND CONDITIONS
BY USING THE 8SECONDZ MOBILE APPLICATION YOU AGREE TO NUMBER1BEST PTY LTD ("8SECONDZ") TERMS AND CONDITIONS AND ALL POLICIES, GUILDLINES AND RULES THAT FORM PART OF THIS AGREEEMENT. IF YOU DO NOT AGREE PLEASE DO NOT CONTINUE TO USE THE 8SECONDZ APPLICATION.
By installing, or otherwise using 8secondz applications, products, services, software and websites, or any augmented reality application or browser, (the "Services") including but not limited to, the access to content and functionalities provided or made available by or on behalf of 8secondz or any third party, (the "Content") you are agreeing to be bound by the Terms and Conditions of this Agreement (the "Agreement").
These Terms and Conditions create a binding agreement between you and 8secondz and govern your use of 8secondz Services and the Content that is made accessible via the mobile device application (the "App").
8secondz may at any time change, modify, add or remove parts of the Agreement. You will be notified of these changes, but it will be your responsibility to be aware of and review the changes. Your continued use of the Services following any changes will mean that you accept and agree to the changes.
Using the 8secondz Services in any way other than what is expressly stated in this Agreement will amount to a material breach of the Agreement, in which case the Termination provisions in Clause 10 may be applied.
The Agreement does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
1.1 PERMITTED USE
a) You agree to use the Services in a safe and responsible manner, and in accordance with the Agreement, our Competition Rules and Guidelines and all other 8secondz Policies that form part of the Agreement
b) You acknowledge you are over the age of 13.
c) You agree you will not download, use or attempt to use the 8secondz app if you are under the age of 13.
d) You agree you will not facilitate the use of the 8secondz app for anyone under the age of 13, even if you are the Parent or Guardian of the child.
e) You agree that your use of the Services is at your own risk.
f) You agree to comply with all laws, rules and regulations applicable to your use of the Service, not to encourage or enable any other individual to infringe any laws rules or regulations.
g) You agree you may not use the Services for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other which infringes the rights of 8secondz or others.
h) You agree you are not a person who is prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction.
i) You agree not to engage in any activity that may result in injury, death, property damage, and/or liability of any kind.
j) You agree you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the structure or presentation of the Services, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Services.
k) You agree you must not interfere or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way in which 8secondz is rendered or displayed in a user's browser or device.
l) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person's use of the Services.
m) You agree you may not breach the security or authentication procedures of the Services, or any network connected to the Services, in an attempt to gain unauthorised access to any part of the Services by hacking, password "mining" or any other illegitimate means.
n) You agree you may not seek to trace any information of another User of 8secondz, including an 8secondz Account not owned by you, or exploit the Services in any way where the purpose is to reveal information.
o) You agree you may not manipulate identifiers in order to disguise the origin of any communication you send to or through 8secondz. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.
p) You agree you won't change, modify, adapt or alter 8secondzor create, change, modify or alter another website or mobile application s as to falsely imply that is associated with 8secondz or its Services.
q) You may not defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Services.
r) You may not use the Services, or any part of, for any commercial purpose or for the benefit of any third party, or in a manner not permitted by the Agreement, including but not limited to, gathering in App items or resources for sale outside the App, performing services in the App in exchange for payment outside the App, or sell, resell, rent, or lease the App or your Account.
1.3 USER ACCOUNTS
a) You must be 13 years or older to create a User Account
b) You agree you will not sell, transfer, license or assign your Account, username, or any Account rights, and that you will not create an Account for anyone other than yourself.
c) If you are the parent or Guardian of a child under 13 years of age you agree you will not create an Account on behalf of the child or allow the child to use your Account for any reason.
d) You agree you will not create, hold, use or have carriage over more than one User Account.
e) You agree you are responsible for maintaining the confidentially of your Account and your Account password. You agree you are responsible for all activity that occurs via your Account and you acknowledge that 8secondz may, at their discretion, suspend or terminate your Account, and refuse any and all current or future use of the Services.
f) You agree and acknowledge that all information you provide will be true, accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy. If 8secondz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 8secondz may suspend or terminate your Account and refuse any and all current or future use of the Services.
1.2 USER CONTENT
a) You agree you are responsible for your conduct and User Content, which includes but is not limited to, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Services.
b) You agree you may not use the Services to submit, post or display any User Content that (i) you do not have permission, right or license to use; (ii) is objectionable, offensive, unlawful, deceptive or harmful; (iii) is personal, private or confidential information belonging to others; (iv) requests personal information from a minor; (v) impersonates or misrepresent your affiliation with another person, or entity; (vi) is transmit spam, including but not limited to unsolicited or unauthorised advertising, promotional materials, or informational announcements; (vii) plan or engage in any illegal, fraudulent, or manipulative activity.
c) 8secondz may reject or remove User Content which we deem as inappropriate or is in breach of the Competition Rules and or Guidelines or this Agreement, without notice and for any reason.
1.4 DEVELOPERS/OPERATORS OF APPLICATIONS AND WEBSITES
If you are a developer or operator of a platform application or website or if you use Social Plug-ins, you must agree to the 8secondz Platform Policy, which forms part of this Agreement.
If you are an Advertiser, you must agree to the 8secondz Advertisers Policy, which forms part of this Agreement.
- GRANT OF LICENCES
2.1 BY 8secondz TO YOU
The Services are the property of 8secondz and its licensors, and are licensed, not sold to you under this Agreement.
Subject to your compliance with the Agreement, 8secondz grants you a limited non-exclusive, non-transferable, non sub-licensable license to download and install a copy of the Services made available to you through the App and on a mobile device, solely for your own personal, non-commercial purposes.
You agree you may not (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) modify, decompile, or disassemble the App; (iv) or make the functionality of the App available to multiple users through any means. If you sell your mobile device to a third party, you must remove the App from the device.
8secondz reserves all rights in and to the Services not expressly granted to you under the Agreement.
2.2 BY YOU TO 8secondz
By making any User Content available through the Services, you grant to 8secondz a non-exclusive, perpetual, irrevocable, transferable, non sub-licensable, worldwide, royalty-free license to use, copy, cache, encode, store, archive, reproduce, record, modify, publicly display, publicly perform, publish, republish promote, exhibit, distribute, transmit, broadcast, synchronise, edit, adapt, sublicense, create derivative works based upon your User Content in connection with operating and providing the Services and Content and the advertising, marketing and promotion thereof, in all formats, on or through any means or media now known or hereafter developed, and with any technology or devices now known or hereafter developed, to you and to other Users.
Although 8secondz cannot and does not take responsibility for any User Content or content that is submitted, uploaded or appears on the Services, we reserve the right, but are not obligated to, access, review, screen, remove or delete any User Content or content that violates this Agreement or any policies or associated agreements.
You acknowledge and agree that you have the authority to grant us the rights to your User Content under this licence, and that your User Content, or the use of your User Content, will not infringe or misappropriate a third party's intellectual property rights, or rights of privacy, or result in the violation of any applicable law or regulation.
8secondz is responsible for the support and maintenance of 8secondz Services only. 8secondz may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
- EXTERNAL SERVICES
8secondz may enable access to third-party Services and Content ("External Services") who use the 8secondz interface or Services to develop or publish Content on the 8secondz App. External Service Providers are required to comply with our Platform Policy and or Advertisers Policy (see below), however to the extent you chose to use such External Services you agree;
a) 8secondz is not responsible for examining or evaluating the Content of any third-party External Services;
b) 8secondz does not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services;
c) You are responsible to comply with the terms and of the agreement between you and the External Service Provider, and with any applicable regulations that may govern the use of the External Services;
d) 8secondz may suspend, remove, disable or impose access restrictions or limits on any External Services, at any time without notice or liability to you.
a) You can acquire Content or enter into Competitions on our Services for free or for a charge, either of which is referred to as a "Transaction." Each Transaction is an electronic contract between you and 8secondz and/or you and the entity providing the Content on our Services. When you make your first Transaction, we will ask you to enter in your Transaction details, and create a password to authenticate all Transactions.
b) 8secondz will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your Home Country) for any paid Transactions, including any applicable taxes. Content prices may change at any time.
c) If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by 8secondz to the full extent permitted by law. Your statutory rights are not affected. From time to time, 8secondz may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles 8secondz to a corresponding counterclaim. Terms related to tokens are available where you purchase them.
d) You agree to allow 8secondz to communicate with you important information regarding your purchases or your Account, electronically.
e) You agree that we may make any inquiries we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
f) You agree that you will be responsible to abide by consumer laws and regulations applicable to your jurisdiction.
g) You agree 8secondz may at any time revoke your eligibility to make payments, if it found that you have made payments in connection with, or for any illegal or illicit matters. If illegal or illicit transactions are reported or discovered we reserve the right to terminate this Agreement and report you to the relevant authorities, without notice.
5.2 THIRD PARTY TRANSACTIONS
a) If you acquire External Services for a fee it will mean that you are subject to the purchase terms of the External Service Provider or third party, and it will be at your own risk. 8secondz assumes no responsibility for the transaction of funds or the actions or identity of any transfer recipient or sender.
b) If technical problems prevent, or unreasonably delay delivery of External Services, your exclusive and only remedy is either the replacement of the External Services or a refund of the price paid from the External Service Provider.
c) You acknowledge 8secondz has no obligation to provide a refund or repayment for whatever reason of any amounts paid by you to or any other third party for External Services.
d) All payments for External Services will be carried out by a third party engaged or acting on behalf the External Service Provider to handle, collect or receive payments from you. 8secondz accepts no liability in relation to payments for External Services and any disputes regarding funds will be between you and the External Service Provider.
e) You acknowledge the External Services or products you purchase are sold to you by third parties and not by 8secondz. We make no warranties of any kind with respect to any products or External services that may be sold on or through 8secondz.
- INTELLECTUAL PROPERTY
a) You acknowledge and agree the Services, including but not limited to, editorial content, audio clips, video clips, graphics, user interface and the scripts and software used for the Services contain information and material that is owned by 8secondz, and is protected by 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. No part of the Services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by this Agreement.
b) You acknowledge and agree to respect the Intellectual Property Rights of others, including but not limited to 8secondz Users, Licensors, External Service Providers and third parties, by not using, reproducing or exploiting any Content or User Content that infringes their Intellectual Property Rights recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force.
c) This Agreement does not transfer any Intellectual Property Rights from 8secondz to you or any third parties. If you infringe the Intellectual Property Rights of 8secondz or any other third party, 8secondz has the right to deny access to or terminate your use of the Services.
d) The 8secondz name, logo and other 8secondz trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of 8secondz in Australia and internationally. You are granted no right or license with respect to the 8secondz trademark.
7.2 COPYRIGHT INFRINGEMENT
8secondz respects the requirements set forth in the Copyright Act 1968 (Cth), the Digital Millennium Copyright Act 1998 (USA) ("the DMCA"), all relevant International legal instruments and the copyright laws within the jurisdictions in which are Services are made available. We therefore take reasonable steps to diligently remove or block access to any infringing material that we become aware of. 8secondz reserves the right to suspend or terminate User Accounts which are suspected of or that are infringing copyright. If you believe that anything on the Services infringes copyright that you own or control or violates your intellectual property rights, you can go to Contact Support and submit a claim following the Copyright Reporting Guidelines.
THE DMCA PROVIDES RECOURSE FOR COPYRIGHT OWNERS WHO BELIEVE THAT MATERIAL APPEARING ON THE INTERNET INFRINGES THEIR RIGHTS AND WISH TO PURSUE THE CLAIM UNDER U.S. OR INTERNATIONAL COPYRIGHT LAW. IF YOU BELIEVE IN GOOD FAITH THAT MATERIALS AVAILABLE ON OUR SERVICES INFRINGES YOUR COPYRIGHT YOU (OR YOUR AGENT) MAY ALSO SEND TO US A WRITTEN NOTICE BY E-MAIL REQUESTING THAT WE REMOVE SUCH MATERIAL OR BLOCK ACCESS TO IT. IF YOU BELIEVE IN GOOD FAITH THAT SOMEONE HAS WRONGLY FILED A NOTICE OF COPYRIGHT INFRINGEMENT AGAINST YOU, THE DMCA PERMITS YOU TO SEND TO US A COUNTER-NOTICE. NOTICES AND COUNTER-NOTICES MUST MEET THE THEN-CURRENT STATUTORY REQUIREMENTS IMPOSED BY THE DMCA PURSAUNT TO THE ACT. NOTICES AND COUNTER-NOTICES MUST BE SENT IN WRITING TO NUMBER1BEST PTY LTD BY EMAIL TO SUPPORT@8SECONDZ.COM.
- WARRANTIES AND LIABILITY
8SECONDZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME 8SECONDZ MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES 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 APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH 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. UNDER NO CIRCUMSTANCES SHALL 8SECONDZ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 AUD OR THE AMOUNT YOU PAID 8SECONDZ, IF ANY, IN THE LAST 12 MONTHS.
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.
- WAIVERS AND INDEMNITY
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 APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
8secondz may terminate your access and/or future access to the Services, effective immediately, with no liability to you or any third party for the following reasons;
a) Where you are in breach of any of the Terms and Conditions of the Agreement or any related Policies or parts of the Agreement;
b) Where you are in breach of any External Service or third party agreement that is associated with you use of the Services;
c) Where at any time you have committed any act of wilful or serious misconduct;
d) Where you have created a risk or possible exposure for 8secondz;
e) Where there is a discontinuance or material modification of the Services or Content offered on or through the App;
f) Where there is unexpected technical issues or problems;
g) At the request of a law enforcement or government authority;
h) Upon a request by you
In the event that this clause 10 of the Agreement is applicable, paragraphs 1,4, 6-9 and 11 will survive Termination.
- ADDITIONAL TERMS
a) If any part of this Agreement is held by a court or tribunal of competent jurisdiction, to be unlawful, invalid or unenforceable, that part shall be construed in a manner that is consistent with applicable law, to reflect, as nearly as possible, the original intentions of the parties, and the remaining parts shall remain in full force and effect.
b) 8secondz failure to enforce any right or provisions in the Agreement will not constitute a waiver of such or any other provision.
c) 8secondz will not be responsible for failures to fulfil any obligations due to causes beyond its control.
d) This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
e) This Agreement constituted the entire Agreement between you and 8secondz, with all other agreements or understandings previously existing between you and 8secondz hereby replaced.
f) 8secondz Services or Content made available on or through the App, are not intended for distribution to or use by, any person or entity, in any jurisdiction or country, where such distribution or use would be contrary to law or regulation. 8secondz may limit the availability of the Services or Content, or any part of, to any person, geographic area, or jurisdiction at any time. You are responsible to be compliant with the regulations and laws of the jurisdiction in which you access or use the App.
g) Nothing in this Agreement should be read to override or circumvent any laws of a foreign jurisdiction. All 8secondz Services or Content made available through the App are void where prohibited.
- ADDITIONAL TERMS FOR APP STORES
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (b) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon App Store) (each, an "App Provider"), then you acknowledge and agree that:
a) These Terms are concluded between you and 8secondz, and not with App Provider, and that, as between us and the App Provider, 8secondz is solely responsible for the App.
b) App Provider has no obligation to furnish any maintenance and support services with respect to the App.
c) In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of 8secondz.
d) App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e) In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, 8secondz will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
f) App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
g) You must also comply with all applicable third-party terms of service when using the App.
h) You agree to comply with all laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- GOVERNING JURISDICTION
The Agreement between you 8secondz and shall be governed by the laws of Nevada, Las Vegas. You agree to submit to the exclusive jurisdiction of the courts of the State of Nevada, or other such competent courts, to resolve any dispute or claim arising from this Agreement.
The United Nations United Nations Convention on the International Sale of Goods is not applicable to this Agreement.
THIS PLATFORM POLICY FORMS PART OF THE 8SECONDZ AGREEMENT, AND WHERE IT IS NOT EXPRESSLY STATED, THE TERMS AND CONDITIONS OF THE AGREEMENT ARE IMPLIED.
8secondz provides APIs to support different types of applications ("apps") and External Services to enable third parties to share their Content.
8secondz supported APIs must acknowledge and agree to the following;
Your app does not facilitate or promote online gambling, online lotteries or pornography of any kind;
Your app is a quality product that is stable and easy to navigate;
You will be transparent about your identity;
You will ensure the description of the app and the app category is accurate and updated when necessary;
You will not deceive, defraud, mislead, spam or harass anyone;
You will not use the 8secondz APIs for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code;
You will communicate and engage with your customers in a meaningful way;
Your contact details will be clearly displayed;
You will comply with the 8secondz provisions on User Content and always obtain consent from people before publishing content on their behalf;
You will not include User Content in any advertisement without permission of the content owner;
You will make it clear how users can opt-out of the collection and use of information for ad targeting;
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;
You will not store or cache 8secondz login credentials and only store or cache User Content for the period necessary to provide your app's services;
You will not use 8secondz User information for anything other than analytics without our express permission;
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;
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;
If Users come to your app from the 8secondz platform, you will not prevent or make it hard for them to go back;
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;
You will not attempt to identify groups of individuals for the purpose of contacting or targeting them on or offline;
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;
You will not transfer, sublicense or sell our code or APIs to anyone;
You will only use our APIs to develop and distribute apps for use with 8secondz;
You will not modify, translate, create derivative works of, or reverse engineer any API or its components;
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;
You will not expose 8secondz, our Users or any related third parties to harm or liability;
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;
You give us all the rights necessary to enable your app to work with us;
You give us the right to use your name, logos, content, and information of your app, to demonstrate or feature your use of 8secondz worldwide and royalty-free;
8secondz reserves the right to charge fees for future use of or access to our APIs;
WARRANTIES AND LIABILITY 8SECONDZ DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR APIs WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME 8SECONDZ MAY REMOVE OUR APIs FOR INDEFINITE PERIODS OF TIME, CANCEL AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE APIs 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 APIs IS AT YOUR SOLE RISK. THE APIS AND ALL CONTENT DELIVERED TO YOU THROUGH THE APIs 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 APPLY 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 APIs OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APIs 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 APIs, 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 APIs 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 APIs 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 APIs. 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 API's, 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 APIs, 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 APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.