WEBSITE AND SERVICE TERMS OF USE

Last modified on November 18, 2019

 

Introduction and Acceptance

Welcome to the 8x Labs website located at http://8xlabs.com/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit. By visiting and/or using the Website you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

 

The Website is owned and operated by 8x Labs Inc., doing business as 8x™ (“8x”). Where the present TOU refer to “8x”, they may refer to 8x Labs Inc. and/or its officers, directors, employees, agents or representatives, depending on the context. In these TOU, a Website visitor may be referred to as “you”.

 

8x reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.

 

The TOU should be read in conjunction with the Privacy Policy as both these documents govern your use of the Website.

 

If you have any questions about the TOU, please contact:

 

8x

hello@8xlabs.com

 

or:

8x Labs Inc.

350-204 Notre-Dame West

Montréal (Québec)

H2Y 1T3 Canada

 

General Code of Conduct for Use of the Website

By visiting and / or using the Website, you agree to:

 

(i)        Not use the Website in any manner that in any way violates these TOU;

(ii)      Not use the Website in any manner that violates any intellectual property rights of 8x or any third party;

(iii)     Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

(iv)    Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to 8x or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of 8x, other Website users, or any other third party;

(v)      Not: (1) take any action that imposes or may impose (as determined by 8x in its sole discretion) an unreasonable or disproportionately large load on 8x’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures 8x may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;

(vi)    Use the Website in good faith, and in compliance with all applicable local, provincial, national, and international laws.

External Links

From time to time 8x may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. 8x provides those links as a convenience to you and 8x takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit. 8x does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.

 

In no way will 8x be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

 

Opinions and Content

Unless otherwise indicated in writing, any opinions expressed on this Website are those of the authors only and not those of 8x or any third party providers. Some content displayed on this Website may be content embedded from third party services and therefore may be subject to the terms of service of these services, as applicable.

 

Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to 8x, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of 8x, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and 8x may take action accordingly.

 

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.

 

If you choose to communicate to 8x suggestions for improvements to the Website or any product or service mentioned on the Website (collectively, “Feedback”), 8x shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to 8x and waive in favor of 8x, its successors and assigns all your moral rights in the Feedback, and agree to provide 8x such assistance as 8x may require to document, perfect, and maintain 8x’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to 8x, you are not entitled to any compensation or reimbursement of any kind from 8x under any circumstances.

 

Interruption of Service

From time to time, the Website may be unavailable for brief periods of time for maintenance and/or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, 8x shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

 

Termination of the Website and the TOU
You agree that 8x, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if 8x believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy.

 

8x may also, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that 8x shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from 8x’s termination of the Website or any part thereof.

 

Termination of the Website or your access to the Website shall terminate the present TOU as between you and 8x. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by 8x or third parties) or any activity arising from your use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from (i) your use of the Website, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.

 

The information or resources provided through the Website, written or produced by 8x staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and 8x shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.

 

8x expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. 8x, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded therefrom will meet your requirements.

 

Limitation Of Liability
8x shall not be liable and assumes no responsibility for any loss or damages arising from or in relating to the information on the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website, or any third party materials on the Website.

 

To the maximum extent permitted by law, in no event will 8x, its shareholders, officers, directors, employees, licensors, suppliers, subcontractors or agents: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if 8x has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

 

Notwithstanding anything to the contrary in the TOUs, in no event will 8x’s aggregate liability for any claims in connection with your use of the Website exceed the higher of (i) CAD$100 or (ii) the fees paid by you to 8x during the 12-month period preceding the event from which the liability arises.

 

Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by 8x or its agents or subcontractors, you agree to indemnify, defend and hold harmless 8x and its officers, directors, shareholders, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon or information downloaded therefrom; (ii) your participation in any activities arising from the Website or the information thereon or information downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

 

Governing Laws and Jurisdiction
The use of the Website shall be governed by and construed in accordance with the laws of the Province of Québec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and 8x shall be brought exclusively in the courts located in the Judicial District of Montréal (Québec), Canada. The foregoing choice of jurisdiction and venue shall not prevent you or 8x from seeking injunctive relief with respect to a violation of intellectual property rights, enforcement or recognition of any award or order in any appropriate jurisdiction. You and 8x expressly disclaim applicability of the terms of the United Nations Convention of Contracts for the International Sale of Goods and any legislation implementing such Convention will not apply to these TOU nor to any dispute arising therefrom.

 

Miscellaneous Provisions

 

(i)      The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and 8x with respect to your use of the Website, superseding any prior agreements between you and 8x.

 

(ii)    8x shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond 8x’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

 

(iii)   If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.

(iv)  The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

 

© 8x Labs Inc. doing business as 8x™

 

 

PRIVACY POLICY

 

Last modified on December 1st, 2018

 

Introduction, Acceptance and Definitions

Welcome to the 8xlabs.com website located at http://8xlabs.com/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website.

 

By visiting and/or using the Website or using the Services (as defined hereinbelow) in any capacity, you agree to be bound by the terms of the present Privacy Policy (the “Policy”).

 

The Website is owned and operated by 8x Labs Inc. doing business as 8x™ (“8x”).  Where the present Policy refers to 8x, it may refer to 8x Labs Inc. and/or its officers, directors, employees, agents or representatives, depending on the context.

 

In this Policy, a Website visitor or user may be referred to as “you”. Where you (or you acting on behalf of a company or other organization) have registered to use 8x’s services (the “Services”), you may be referred to as a “Customer” in this Policy.

 

8x reserves the right, at any time and without prior notice, to modify or replace any provisions hereof. It is your responsibility to check the Policy periodically for changes. Your use of the Website and/or the Services following the posting of any changes to the Policy constitutes acceptance of those changes.

 

The Policy should be read in conjunction with the Terms of Use, as both these documents govern your use of the Website.

 

If you have any questions about the Policy or if you wish to inquire about and / or access any Personal Information 8x holds about you, please contact:

 

8x

hello@8xlabs.com  

 

or:

8x Labs Inc.

350-204 Notre-Dame West

Montréal (Québec)

H2Y 1T3 Canada

 

General Statement of Privacy and Protection of Personal Information

8x takes your privacy and security of Personal Information very seriously. This Policy describes the limited ways the information is used and the limited access to such information.

 

What Does This Privacy Policy Cover?

This Policy covers the treatment of personally identifiable information (“Personal Information”) and other information gathered by 8x when you are using or accessing the Website or using the Services. This Policy also covers 8x’s treatment of any Personal Information that 8x may share with its business partners or other third parties under very limited circumstances.

 

The Policy also covers “Customer Data”, which is all electronic data or information (in whatever form, including but not limited to photos, logos, other graphic forms, video, audio, and text) that you create while using the Services or that you display, post, submit, transmit or otherwise make available on or through the Website or Services.

 

This Policy does not apply to the general practices and treatment of information (whether personal or not) by third parties that 8x does not own or control, including but not limited to any third party websites or services that you elect to access through the Website or via a link from the Website (“Third Party Website”), or to individuals that 8x does not manage or employ. While we attempt to facilitate access or link only to those Third Party Websites that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Websites. We encourage you to carefully review the privacy policies of any Third Party Website you access.

 

Finally, this Policy does not cover any Personal Information you send to 8x via any non-secured mode of communications such as email, instant messenger or social networks, as communications via these methods may be subject to interception, loss, or alteration. While we welcome your comments and suggestions sent to us in this manner, we encourage you to carefully examine what Personal Information you send to 8x via these methods.

 

No Collection of Personal Information as a Matter of Course

8x does not, as a matter of course, gather any of your Personal Information while you are using the Website or Services, unless you are asked to provide such information, for example by signing up for an account. Personal Information is only gathered with your informed consent. Where you have provided Personal Information, it will only be used for the stated purpose, as detailed more specifically in the next section.

 

Limited Gathering of Information for Statistical, Analytical and Security Purposes

8x automatically collects certain information using a third-party analytics program, Google Analytics or similar program to help us understand how our users use the Website and Services, but none of this information identifies you personally. For example, each time you visit the Website, we automatically collect certain information such as your IP address, browser and computer type, access times, the web page from which you came, and the web page(s) you access (as applicable). We use information collected in this manner only to better understand your needs and the needs of the Website users in the aggregate. 8x also makes use of information gathered for statistical purposes to keep track of the number of visits to the Website and the specific pages on the Website with a view to introducing improvements.

 

Your IP address and other relevant information may be used in order to trace any fraudulent or criminal activity, or any activity in violation of the Terms of Use.

 

Non-disclosure of Personal Information to Third Parties

Except as provided this Privacy Policy, 8x does not divulge any Personal Information gathered via the Website or Services to third parties. Moreover, 8x does not sell, rent, trade or license any Personal Information regarding its users to third parties. Only the employees, representatives, subcontractors, officers, agents, or assigns of 8x are responsible for the management and development of the Website and Services, and only these individuals have access to the information collected there. These employees, representatives, subcontractors, officers, agents or assigns all have been instructed to comply with the Policy.

 

Notwithstanding anything in the Policy to the contrary, we may share any information we have collected about you or that you have submitted (whether Personal Information or not): (1) in response to subpoenas, court orders, or legal process, or to establish, protect, or exercise our legal rights or defend against legal claims or demands; (2) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, or situations involving potential threats to the safety of any person, or any violation of the Terms of Use; (3) if we believe it is necessary to investigate, prevent, or take action regarding situations that involve abuse of the Website infrastructure or the Internet in general (such as voluminous spamming, denial of service attacks, or attempts to compromise the security of the Website infrastructure or the Website generally); (4) to a parent company, subsidiaries, joint ventures, or other companies under common control with 8x (in which case we will require such entities to honour this Policy); (5) if 8x merges with another entity, is subject to a corporate reorganization, sells or transfers all or part of its business, assets or shares (in which case we will require such entity to assume our obligations under this Policy, or inform you that you are covered by a new privacy policy).

 

 

Mailing List Management and Anti-Spam Law

8x may use third party software to manage our mailing list and send out emails. Personal Information (your name and email address) is transferred to such service in order for the mailing list to function properly. Your Personal Information is only used to send out emails properly; it is our understanding that such service does not use this Personal Information for any other purpose, and will not transfer or sell your Personal Information to any other third party.

 

You may unsubscribe from 8x’s mailing list at any time, by following the link at the bottom of all 8x emails. Please note if you unsubscribe from 8x’s emails, you may not receive important information about your account.

 

8x is committed to ensuring that we respect anti-spam legislation, specifically the Canadian law informally known as Canada’s Anti-Spam Law (“CASL”, S.C. 2010, c. 23). If you believe you have received emails from us in violation of this law, please contact us using the contact information further up in this Policy.

 

Access to and Deletion of Personal Information

If you wish to inquire about and access what Personal Information 8x holds about you, or if you wish to delete any Personal Information held about you from our databases, please contact us using the information further up in this Policy. Please note that deletion of your Personal Information may make it impossible for you to use the Website or the Services.

 

Tracking Technology ("Cookies")

8x uses tracking technology (“cookies”) on the Website and by using the Website or Services you agree to their use. Cookies are small text files placed on your hard drive when you visit a website, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website and Services uses “session cookies,” which improve your user experience by storing certain information from your current visit on your computer.

 

Specifically, we may use cookies for the following functions:

 

·         to keep track of preferences you specify while you are using our Services;

·         to provide general internal and user analytics;

·         to conduct research to improve the content of the Website and Services;

·         to assist in identifying possible fraudulent activities.

 

Your browser can be set to refuse cookies or delete them after they have been stored. Please refer to your browser’s help section for instructions. Please note that deleting these cookies may reduce your user experience on the Website by requiring you to re-enter certain information, including information required to use the Services and make purchases. Furthermore, as we use authentication cookies, deleting those cookies may prevent certain functions, including the purchase process, from working at all. 8x shall not be held responsible for any function that may not operate after you delete cookies, or any losses or damages (pecuniary or otherwise) arising from those functions not operating, or having reduced functionality.

 

Risks Associated with the Internet

Despite 8x's best efforts to ensure that third parties will not access or obtain your Personal Information through your use of the Website or Services, complete confidentiality and security cannot currently be guaranteed on the Internet. Communication via the Internet is subject to interception, loss, or alteration. You acknowledge and agree that 8x cannot be held responsible for damages resulting from the transmission of confidential information or Personal Information over the Internet and that such communications are at your own risk.

 

Limitation of Liability

8x, and/or its respective officers, directors, shareholders, owners, officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns, will not be held liable for any losses or damages (pecuniary or otherwise) resulting from the misuse of any information collected by any third party, or any misuse of any information collected through the Website or Services not in violation of the Policy.

 

Compliance with Privacy Laws

This Policy and 8x’s practices in general are designed to be in compliance with Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”, S.C. 2000, c. 5). If you have any questions regarding this compliance, please contact us using the contact information further up in this Policy.

 

© 8x Labs Inc. doing business as 8x™