First, some necessary legal statements: Our company’s name is WeAre8, Inc. which is based in New York City and is registered as a corporation with the State of Delaware. We also refer to our company as “The 8 App” or simply “8”.
The “8 Rules” listed here apply to everyone interacting with 8 through the 8 App or 8’s web site at www.the8app.com, and further below are the additional rules that apply to those of you who activate ads on your profile.
1. You Create it, You Own it
8 will not take any form of ownership or license to reuse your original content the way other social media companies do. For content you post publicly, any 8 user has the right to repost it. For content shared within 8 (including when your content is promoted in 8’s “Feeds”) or shared externally using 8’s social media sharing tools, your profile will stay linked and displayed so the additional traffic or views are also linked to your profile. You can always use private posting options if you don’t want your stuff reposted. Lastly, we are required by law to comply with the “Digital Millennium Copyright Act”. If you own a copyright that you feel has been misappropriated by someone else on 8 without your permission, please notify us at firstname.lastname@example.org.
2. Express Yourself
We want everyone to feel free to express their creativity in any form you can imagine enabled by the 8 platform – stories, music, video, GIFs, art, words, and images. We want you to be comfortable in expressing yourself freely and we will respect you for what makes you unique; however…
3. Be Nice
Don’t abuse the freedom that you are given on 8. We will not tolerate any expressions of hate, or even a lack of respect toward ethnicities, religions, cultures, sexual preferences or genders. 8 is a community based on the love and respect of others. If you are not nice we will ask you to leave by revoking your access to 8.
4. Follow the Rules
To maintain a healthy community, some rules are necessary. If someone isn't following these rules, we will warn them and if they keep breaking the rules we will ask them to leave by revoking access to 8 (if you do something really bad we will ask you to leave without a warning). We are going to have to make difficult decisions in balancing freedom of expression against the requirement to be nice (see #3 above) and this is where we ask that you trust us to be fair.
We share 80% of our revenue with you, after deducting the costs that we have to pay in connecting you with advertisers. In return we ask that you share what you create on 8 with each other inside 8 and share it out on other social media with links back to 8 (our App has some great sharing tools to make this easy). Most importantly, 8 is intended to be a home where everyone should share their love and respect for one another. Also, since 8 allows links to external content and websites, please know that we are not responsible for the content associated with those links.
6. Be Mature
You must be 13 to use the 8 App or to access the content through our web site. If you are over 13 but under 18, you must have the permission of your parent or guardian.
7. Be Smart
Use good judgment. Don't do things that are inappropriate or offensive. If your content is potentially hurtful or offensive to others, don't post it publicly and only share it with your friends. Don’t do anything illegal with our platform, even with private posting. And because people as young as 13 are allowed to use the app, do not post pornography. If you break the law while using the 8 App (such as copyright, slander or trying to sell illegal things), 8 is not liable for your actions – you are – and we will ask you to leave by revoking your access and reporting you to the appropriate legal authorities.
8. No Courts
We don't want lawyers' fees to come out of the money we will be sharing with you. If you have a problem with us, contact us (email@example.com) and we will do our best to be reasonable and fair. For any true legal disputes that arise, you agree to use binding arbitration in the State of New York. If you are not familiar with arbitration, it is a very common method to resolve disputes efficiently without involving courts of law.
All users of 8 are given the option of whether or not they want advertisements to appear on their content. When you first install the app and register a new user profile with 8, the default setting is for ads to not be activated. If you elect to turn ads on and make your content eligible for monetization, you must do so through “My Ads” one of two places:
By activating the features of My Ads you agree to the following terms and conditions, in addition to the rules listed above:
From time to time, 8 may run a contest (“Contest”) on The8App and 8 retains sole discretion to terminate, extend, suspend or alter any Contest in its sole discretion and at any time.
LIMITATION ON LIABILITY: Entrants release, discharge, and agree to indemnify and hold harmless The8App and its respective directors, officers, employees, parents, subsidiaries, affiliates, agents, Contest partners and representatives (the “Released Parties”) from and against any liability for any damages, injury or losses (including death) to any person, or property, of any kind resulting in whole or in part, directly or indirectly from acceptance, possession, misuse or use of any prize or participation in any Contest related activity or participation in any Contest conducted by The8App.
GENERAL CONDITIONS: Illegible, inaccurate, damaged, misdirected, delayed, unintelligible or incomplete entries or responses will be disqualified. The Released Parties are not responsible for any lost, late, misdirected, stolen or undelivered entries. The Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes and/or potential winner(s) or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the web site. Persons who tamper with or abuse any aspect of the Contest or website or who are in violation of these Official Rules, as solely determined by The8App, will be disqualified and all associated entries will be void. In the event that technical or other circumstances compromise a Contest (including, without limitation, a computer virus, bugs, tampering, unauthorized intervention, technical failures, insufficient volume of eligible entries), The8App reserves the right, in its sole discretion, to cancel, modify or terminate the Contest, and/or to select winners for prizes from all eligible entries received prior to the cancellation based on the applicable winner selection methods. Any attempt to deliberately damage or undermine the legitimate operation of a Contest may be in violation of criminal and civil laws and sponsor reserves the right to seek damages and other remedies (including attorney’s fees) from any such individual to the fullest extent of the law.
These terms and conditions shall serve as the official rules for the #WeRiseTogether contest.
ENTRY: No purchase necessary to participate or win. You must be a registered user of The8App to participate in the giveaway. Only one prize per person, household, email address and/or username will be allowed in duration of the contest (or any similar contest conducted beyond this one). All entries must be received by 11:59 PM Eastern on Wednesday, December 7, 2016 to be eligible to win a prize. Late and/or subsequent entries per person, per household per email address and/or username will be disqualified. The8App is not responsible for failure to receive an entry for any reason including but not limited to submission and/or transmission failures, technical malfunctions and/or other conditions beyond its reasonable control. From Monday, November 21, 2016 to Wednesday, December 7, 2016 The8App will ask its followers and fans to download The8App, create a profile, and create a post with #WeRiseTogether, and share the post and The8App to their friends using all reasonable means of sharing. The user that has a profile with a post using #WeRiseTogether and has the greatest number of valid followers with users that followed them first will be the Grand Prize Winner.
A tiered system will be used to determine 2nd, 3rd, and Runners Up Winners. Winning Participants will receive an email from The8App and must message back to receive their prize. Monetary Prize will be posted through PayPal and Physical Prize will be mailed to the address provided by the Participant.
WINNER SELECTION: The8App's analytics will be the official chooser for this Contest. Entries from one Contest will not be included in any subsequent Contest.
PRIZES: The number and value of prizes awarded in any Contest will vary and will be set forth in the Contest posting. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Prize includes only what is specified in the prize description. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at The8App’s sole discretion.
WINNER’S LIST: Any participant can request a list of the names of the winner(s) of a Contest by emailing firstname.lastname@example.org within 30 days following the conclusion of the applicable Contest.
Here at the8app we know how much you value privacy, and we realize that you care about what happens to the information you provide to us through our website, mobile application, and other sources (our “Website ”). We have provided highlights below regarding how we collect, use, and share your information that you or others provide to us. Click here to see our full Privacy Statement.
If you are a California resident, click here for information about Your California Privacy Rights.
What Information Does the8app Collect?
We collect the following types of information:
This information is collected from a variety of sources including information that you give us directly (for example, when you post information or register on the Website), information that we receive from affiliates and other third party sources (including other Website users), and information automatically collected when you visit our Websites (such as via cookies or web beacons).
Read more about the information we collect
How Does the8app Use My Information?
We use your information for the following purposes:
All information we collect may be aggregated and merged or enhanced with data from other sources, such as third parties or our mobile application.
Read more about how we use your information.
How Does the8app Share My Information?
We share your information as follows:
Read more about how we share your information.
weare8 Inc. (“the8app,” “we,” or “us”) respects your concerns about privacy and values the relationship we have with you. This Privacy Statement describes the types of information we collect about you, how we use the information, with whom we share it, the choices available to you regarding our use of the information, and how you can contact us about our privacy practices.
This Privacy Statement applies to the collection, use, and disclosure of information from and about you by the8app on the8app’s website (www.the8app.com), through our mobile application, through external social media platforms, and through telephone, email communications, and other sources (collectively, our “Website ”). the8app’s mobile application will collect the same information identified in this Privacy Statement and that information will be used and shared as stated in this Privacy Statement.
This Privacy Statement does not apply to third party websites that may be accessible through hyperlinks on the Website, which have their own privacy statement that we encourage you to review. Linking to a third party site does not mean that we endorse the site, any products or services described on the site, or any other material contained in a third party site. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites. Please review the privacy statement on those other websites to see how they handle your information.
If you choose to use our Website in any way, such as browsing or interacting, you agree with the terms of our current Privacy Statement as posted here. If you do not agree with this Privacy Statement, you should not use our Website. We may update or modify this Privacy Statement from time to time at our sole discretion, and will note the date of last update on the top of this page. We encourage you to visit this area frequently to stay informed, as your continued use of our Website following the posting of changes to these terms means that you consent to such changes.
We may obtain information about you from various sources. We may collect this information when you provide it on our website, mobile application, external social media platforms, in telephone or email communication, in connection with social networking, or at one of our events. We also collect information when other users post information about you using the Website. When you visit the Website, we may also collect certain information about your device or usage by automated means or by using technologies such as cookies, web server logs, and web beacons.
Information that You or Others Provide
You may choose to provide information to us in a number of ways, such as when you participate in an offer or promotion, when you register on the Website, when you post or provide content, when you contact us, or when you otherwise interact on the Website.
The types of information you may provide to us include:
If you provide us with information regarding another individual, we will assume that you have that person’s consent to give us his or her information.
In addition, we may collect information about you that is provided to us by other Website users and other third parties as well as from external social networks (such as your name, profile picture, likes, location, friend list, and other information described in the social networking application sign-up page).
Information Collected Automatically
When you visit this Website or our online advertisements, utilize our services, open an email that we send you, or interact with social networking applications, we may collect information about your usage or device by automated means or by using technologies such as cookies, web server logs, and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.
Such technologies may permit collection of data elements such as demographic data, browser type, MAC address and other device information, operating system type and settings, domain, the address of the web page that linked you to our Website, IP address, pages visited, whether you have visited us before or are new to the Website, activities conducted on the page (such as search queries), and the day and time of your visit.
If you access our Websites or Applications from a mobile device, we may collect your precise location using GPS, cell tower, Bluetooth, or WiFi signals. You may turn this feature off in your account settings at any time in the settings of your mobile device.
At this time, we do not honor “do not track ” signals from website browsers. However, you may refuse or delete cookies. If you refuse or delete cookies, some of the functionality of our Websites may be impaired. If you turn off cookies, Web beacon and other technologies will still detect visits to our Websites, but the information they generate cannot be associated with other non-identifiable cookie information and are disregarded. Please refer to your browser Help instructions to learn more about how to manage cookies and the use of similar technologies.
We collect, maintain, and use your information for the following purposes:
All information we collect may be aggregated and merged or enhanced with data from other sources, such as third parties or our mobile application. We may also collect and store information locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
We share your information with the audience on the Website that you specifically identify as well as anyone when you share public content. All details about your public profile may be shared with other Website users.
We may disclose your information to third parties who help us with our business functions, such as service providers or suppliers, and with business partners. Such third parties are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card and other types of payments, help us moderate content posted on the Website, provide web hosting or analytics services, or who assist with marketing functions. These services providers may be located around the world and in countries where privacy rules are different or less stringent than rules in the country where you reside.
We may also share your information with affiliated companies and subsidiaries as well as with business partners for our or the third party’s marketing purposes and when we believe that their products or services may be of interest to you. For example, we may share data with third parties so they can provide you with marketing information about products and services or to sponsor the content that you post on the Website.
In addition, we may share your information if necessary to protect the safety, property, or other rights of us, our customers, or employees, or when otherwise required by law. We may also share your information with your consent in certain circumstances.
We reserve the right to transfer information we have about you in the event we sell, transfer, or engage in another transaction involving all or a portion of our business or assets, or undertake another form of corporate change, including bankruptcy. Following such a sale, transfer, or transaction, or corporate change, you may contact the entity to which we transferred your information with any inquiries concerning the processing of that information.
Your information may be stored in databases maintained by the8app (including local storage) or third parties, and may be disclosed to third parties for the purposes stated in this Privacy Statement, that are located within and outside the United States, including countries where privacy rules differ and may be less stringent than those of the country in which you reside. If you visit our Websites from a country other than the United States, you consent to such cross-border transfers of personal data to the United States and to other countries around the world.
Our Websites’ web pages may embed plugs-ins, widgets or other apps of various external social media platforms. When you encounter those embedded objects, your internet browser may make a direct connection to the social media platform’s service and may share with the social media platforms information such as which of our Websites you have visited, information about your public profile, or content you have posted.
the8app will take reasonable precautions to protect your information from loss, misuse or alteration. Please be aware, however, that any email or other transmission you send through the Internet cannot be completely protected against unauthorized interception.
the8app does not intentionally collect information from children under 13 years of age, and children under age 13 should not submit any information to us. If we become aware that a child has provided us with information without parental consent, or a parent or guardian of a child contacts us through the contact information provided below, we will use reasonable efforts to delete the child’s information from our databases.
We want to communicate with you about our products and services and make content available to you, but only in the ways that you agree to hear from us. You may “opt-out, ” or unsubscribe from our newsletters, special offers or discounts, or other marketing communications by following the unsubscribe instructions in any e-mail or other communication you receive from us. After doing so, you will not receive future promotional emails unless you open a new account, enter a contest, or sign up to receive newsletters or emails. You may also continue to receive non-marketing communications about your account or purchases that you have made. Please allow up to 2 weeks to process your request.
We store data for as long as it is necessary to provide the products and services described in this Privacy Statement and for our internal business purposes. You can delete your account at any time. When you delete your account or content you have posted on the Websites, that content (such as profile information, photos, and status updates) will no longer be viewable to the public or Websites users. However, your information will continue to be stored in our internal systems for our administrative purposes. In addition, information that other users have posted about you will remain on the Websites.
We also participate in interest-based or behavioral advertising. This means that you may receive advertising on our website or other websites that are tailored to how you browse.
the8app is committed to working with consumers to obtain a fair and rapid resolution of any queries, complaints, or disputes about privacy. If you have submitted information to the8app and you would like to have it deleted from our databases or corrected, or if you have any other questions or comments regarding our privacy practices, please email us at email@example.com for more information.
If you are a California resident, you have the right to request information from the8app regarding the manner in which the8app shares certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to the8app at its designated email address and receive the following information:
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. You may make such a request by emailing us at firstname.lastname@example.org.