Terms of Service
Last modified: 8-Feb. 2020
our Services when you visit any website, app or platforms that
uses our Services.
Both you and 8proof.com agree as follows:
- The Service.8proof.com will use commercially reasonable efforts to provide the Service to you and our partners 24 hours a day, 7 days a week. You agree and acknowledge that from time to time the Service may be inaccessible or inoperable for any reason, including without limitation (equipment malfunction, periodic maintenance procedures or repairs that 8proof.com may undertake from time to time, or any causes beyond the control of 8proof.com).
- Intellectual Property and Copyright.You acknowledge and agree that all of our trademarks, logos, copyrights, and all other intellectual property rights in all material or content contained within the Service shall remain at all times vested in us. You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or its materials in any manner. In cases where we use material or content under authority from a third party, such rights remain vested in the owner of such material or content. All Service content and all materials contained within the Service are owned by 8proof.com or used by 8proof.com under authorization and are protected by applicable trademark and copyright laws.
- Disclaimer of Warranties and Limitation of Liability.8proof.com EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE WEBSITE OR SERVICE. EXCEPT FOR BODILY INJURY, IN NO EVENT WILL 8proof.com OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WEBSITE, AND THE DATA, WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SEVICE OR WEBSITE; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $1,000. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. 8proof.com DISCLAIMS ALL LIABILITY OF ANY KIND OF 8proof.com'S AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST 8proof.com IS TO DISCONTINUE USE OF THE SERVICE OR WEBSITE.
- Indemnification.You agree to indemnify, defend and hold harmless 8proof.com, its parents, subsidiaries, affiliates, customers and vendors, and their respective officers, directors and employees from any liability, damage, cost, or fees (including reasonable attorneys' fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the Service; (ii) your use of the Service or website, and/or violation of the Terms; (iii) or the infringement by you, or any third party using 8proof.com, of any intellectual property or other right of any person or entity.
- Miscellaneous.LL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, AN ADVERTISING PRODUCT OR THE SERVICE SHALL BE LITIGATED EXCLUSIVELY IN THE APPLICABLE COURTS OF TEL-AVIV, ISRAEL, AND YOU CONSENT TO JURISDICTION IN SAID COURTS. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF ISRAEL. You hereby grant 8proof.com the right to use your trademarks, service marks and other intellectual property for promotional purposes, marketing materials and similar uses. The Agreement constitutes the entire agreement between the parties hereto relating to this specific subject matter thereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 8proof.com. The term and condition of this Agreement are confidential. Each party shall not disclose the terms and conditions of this Agreement except as necessary to comply with a government rule, law or regulation. The failure by 8proof.com to exercise or enforce any of the terms or conditions of this Agreement shall not constitute a waiver of 8proof.com’s rights hereunder to enforce each and every term and condition of this Agreement. You acknowledge that the Service, including, without limitation, all trade names, trademarks, service marks, content, text images, software, media and other material contained therein, is a work or collective work, proprietary to 8proof.com, protected under copyright, trademark and other intellectual property laws.