Terms and Conditions of Use
Last updated: 12/31/2018
Welcome to 8HOURS.com!
In consideration of your use of the Website and the Service, you represent that you are of legal age to form a binding contract with 8hrsin connection therewith.
8hrs is a video aggregation platform. We are not responsible for the legality of content.
Violation of this License may result in infringement of intellectual property and contractual rights of 8hrs, other Users of the Website, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
8hrs includes embedded third-party content or links (such as hyperlinks) to third party websites or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by 8hrs (collectively, “Third-Party Content”). They are provided as an information service, for reference and convenience only. 8hrs does not control any such Third-Party Content and is not responsible for their (i) legality; (ii) availability or accuracy, or (iii) content, advertising, or products or services. Inclusion of any Third-Party Content on the Website does not constitute or indicate 8hrs endorsement thereof and 8hrs shall not be liable or responsible for any Third-Party Content transmitted through the Website.
By using the Website, you expressly relieve and hold 8hrs harmless from any and all liability arising from your use of any Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Website or the failure of such Third-Party Content to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Interactive Areas and User Content
If a User submits or uploads onto the Website (collectively, “User Content”), then the User Content is and shall remain the sole and exclusive property of the applicable User (subject to the licenses granted to 8hrs herein). The Website contains interactive areas where Users can upload their own Content or submit postings into the “Pitch Box” feature (the “Interactive Areas”). You acknowledge and agree that submissions made to Interactive Areas may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating in Interactive Areas, and 8hrs will not be responsible for the action of any Users with respect to any information or materials posted in Interactive Areas. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Website or transmit to us any User Content that you consider to be confidential or proprietary.
8hrs does not actively monitor or police the Interactive Areas or specific interactions between Users of the Website, and you agree and acknowledge that 8hrs has no obligation to do so and disclaim and hold 8hrs harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User. Notwithstanding the foregoing, 8hrs reserves the right to determine, at its sole discretion, what constitutes harassment or mischief and where that has occurred and may, also at its sole discretion, partially or completely deny, suspend, or terminate access to the Website to any party.
You retain all right, title and interest in and to any User Content that you upload onto the Website; provided, that you hereby grant to 8hrs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) license to exercise all copyright, publicity rights, and any other rights you have in such User Content in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Website (the “User Content License”). By submitting User Content to the Website, you acknowledge and agree that 8hrs may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to your User Content. You agree that you shall have no recourse against 8hrs for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the User Content you provide to 8hrs. You acknowledge and agree that your submission of User Content to the Website does not create any new or alter any existing relationship between you and 8hrs.
You certify and warrant that your User Content is your original work or that the owner of such works has expressly granted to 8hrs a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license for said works with all of the rights granted by you to 8hrs, and do not violate and will not violate applicable law or the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.
You acknowledge and agree that 8hrs may establish general practices and limits concerning use of the Website or Content. You agree that 8hrs has no responsibility or liability for the blocking, deletion, or failure to store any User Content maintained or transmitted by the Website. You further acknowledge that 8hrs reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
If you participate in Interactive Areas on this Website, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, give rise to liability, or violate any local, state, federal or international law. 8hrsmay delete your Postings at any time for any reason or no reason without permission from you.
Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to:
Copyright Agent Isaac Chehebar 170 Duane St, Apt 4 NY, New York, 10013
This notice should contain the following information:
- Your name, address, telephone number, and email address (if any);
- A description of the copyrighted work that you claim has been infringed;
- A description of where on the Website the material that you claim is infringing may be found, sufficient for 8hrsto locate the material (e.g., the URL);
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide 8hrswith a written counter-notification containing the following information:
- Your name, address, and telephone number;
- A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which 8hrsmay be found (which includes the United States District Court for the Southern District of New York, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
- Your electronic or physical signature.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. 8hrswill not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Errors and Corrections
8hrsdoes not represent or warrant that this Website or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. 8hrsdoes not warrant or represent that the Content or Postings available on or through this Website will be correct, accurate, timely, or otherwise reliable. 8hrsmay make improvements and changes to its features, functionality, Content or Postings at any time.
Assumption of Risk
To the extent not prohibited by law, you assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.
DISCLAIMER. TO THE EXTENT NOT PROHIBITED BY LAW, THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND 8HRS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT NOT PROHIBITED BY LAW, 8HRS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, 8HRS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, 8HRS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT NOT PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, 8HRS’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
YOU AND 8HRS AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF 8HRS AND ALL PARTIES TO ANY SUCH PROCEEDING.
Termination of Access
Remedies for Violations
Governing Law and Jurisdiction
Severability of Provisions