H8URS

Terms and Conditions of Use

 

Last updated: 12/31/2018

Welcome to 8HOURS.com!

8HOURS.com and all of its features and content (collectively, the “Website”) are made available by 8hrs Corp. or its affiliates (“8hrs”) and information, services, designs, names, logos, text, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Website (collectively, the “Content”) may be used solely under the following legally binding terms and conditions of use (“Terms of Use”).  Your use of the Website and the services offered therein (collectively, the “Service”) constitutes your acceptance of these Terms of Use, as may be amended from time to time.  If 8hrs makes a material change or amendment to these Terms of Use, it will notify you by posting a notice on the Website, which amendment will be effective automatically upon the posting of such notice.  You are responsible for regularly reviewing these Terms of Use.

 

IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE OR THE SERVICE.

 

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.

 

Notwithstanding the mobile application platform or other website, service or entity through which you access the Website and the Service, these Terms of Use are between you and 8hrs only, and not with any such platform, device provider, wireless carrier, venue or any other third party. You will use the Website and the Service in compliance with all applicable laws, rules and regulations.

 

8hrs is a video aggregation platform. We are not responsible for the legality of content.

 

Website License

 

We grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable license to access and make use of the Website and Content solely as provided herein, subject to these Terms of Use, and not for redistribution of any kind (the “License”). 8hrs retains all right, title, and interest in and to the Website, including, without limitation, (i) our logo, all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, codebase and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, but excluding User Content, which is owned by the applicable User, but which 8hrs has a license to use pursuant to these Terms of Use, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Website IP”). Website IP is protected in all forms, media, and technologies now known or hereinafter developed. 8hrs owns all Website IP, as well as the coordination, selection, arrangement, and enhancement of such Website IP as a Collective Work under the U.S. Copyright Act of 1976, as amended. The Website IP is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

 

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.

 

Third-Party Content

 

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.

 

You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third-Party Content that you access through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that 8hrs will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, 8hrs encourages you to be aware when you leave the Website and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.

 

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.

 

You may provide links to the Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Website, including any Content, advertisements, terms of use, copyright notices, or other notices on the Website, (b) you immediately deactivate and discontinue providing links to the Website if requested by 8hrsand (c) 8hrsmay deactivate any link(s) at its sole discretion.

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.

 

 

User Accounts

Certain features and areas of the Website may require you to register, create an account and become a Member of the Website (each, a “Member”).  In order to register, you will be required to provide certain registration information (which may include a email address and potentially other uniquely identifying information) (collectively, “Registration Data”). You agree that this Registration Data will be true, accurate, complete, and current at all times.  Registration Data and certain other information about you are subject to 8hrs’ Privacy Policy (described in more detail below).  You agree not to: (i) share your login credentials with any other person; (ii) knowingly use the name, identity or email of any other person to become a Member or in connection with your use of the Website or the Service without authorization; or (iii) use an email address or other designation that is profane, offensive or otherwise inappropriate.  You agree that you are fully and solely responsible for maintaining the confidentiality and security of, and for all uses of, your Member account and Registration Data and for all activities that occur under your Member account, including, without limitation, any transactions made through your Member account, even if such activities were not committed or authorized by you.  You shall promptly notify 8hrsof any breach of security by email to Contact@8hours.com

8hrs reserves the right, in its sole discretion, to disable or terminate your Member account and refuse any and all future use of the Website and or the Service if 8hrslearns, or if 8hrshas reasonable grounds to suspect, that you have provided 8hrswith false, infringing or misleading information, or information not otherwise permitted in accordance with these Terms of Use, or if you or someone else uses your Member account to engage in activity that violates these Terms of Use or is otherwise improper or illegal.

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:

  1. Your name, address, telephone number, and email address (if any);
  2. A description of the copyrighted work that you claim has been infringed;
  3. 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);
  4. 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;
  5. 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
  6. 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:

  1. Your name, address, and telephone number;
  2. A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
  3. 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;
  4. 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
  5. Your electronic or physical signature.

Advertisers

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.

Indemnification

You agree to indemnify, defend and hold harmless 8hrs, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false, infringing or misleading information that you submit to 8hrs.  Notwithstanding the foregoing, you shall not be obligated to indemnify 8hrs for any act or omission of 8hrs that constitutes negligence or breach of a duty imposed on 8hrs by applicable law.

Termination of Access

8hrs reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action 8hrs deems appropriate. 8hrs may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.

Remedies for Violations

8hrs reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other 8hrs websites and their features.

 

 

Governing Law and Jurisdiction

These Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of New York in the County of New York and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

Notwithstanding the foregoing, for any claim related to these Terms of Use or the Website, except claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars (US $10,000.00), either you or 8hrs may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through a nationally recognized alternative dispute resolution provider mutually agreed upon by the parties. Such provider and the parties must comply with the following, in addition to the rules established by the applicable provider: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, internet, or based solely on written submissions; (b) the arbitration may not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Severability of Provisions

These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.