Terms of Use
Last updated January 29, 2020
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (you) and 8th Day, LLC
("Company", us, or our), concerning your access to and use of the we
8th.day website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(collectively, the Site). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by ail of these Terms of Use. IF YOU DO
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications
to these Terms of Use at any time and for any reason. We will alert you about
any changes by updating the Last updated date of these Terms of Use, and
you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed of
updates. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject us to
any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for compliance with
local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 13 years of age. All users who
are minors in the jurisdiction in which they reside (generally under the age of
18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Site. If you are a minor, you must have your parent or
guardian read and agree to these Terms of Use prior to you using the Site.
Unless otherwise indicated, the Site is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the Content) and the
trademarks, service marks, and logos contained therein (the Marks) are
owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair
competition laws of the United States, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the Site AS IS for
your information and personal use only. Except as expressly provided in
these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license
to access and use the Site and to download or print a copy of any portion of
the Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly granted to
you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) you have the legal
capacity and you agree to comply with these Terms of Use; (2) you are not
under the age of 13; (3) you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental permission to use the Site;
(4) you will not access the Site through automated or non-human means,
whether through a bot, script, or otherwise; (5) you will not use the Site for
any illegal or unauthorized purpose; and (6) your use of the Site will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which
we make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
1. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means
or under false pretenses.
2. Use a buying agent or purchasing agent to make purchases on the Site.
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security-related features
of the Site, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Site and/or the Content
contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse
or misconduct.
8. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
9. Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
10. Attempt to impersonate another user or person or use the username of
another user.
11. Sell or otherwise transfer your profile.
12. Use any information obtained from the Site in order to harass, abuse, or
harm another person.
13. Use the Site as part of any effort to compete with us or otherwise use the
Site and/or the Content for any revenue-generating endeavor or commercial
14. Decipher, decompile, disassemble, or reverse engineer any of the software
comprising or in any way making up a part of the Site.
15. Delete the copyright or other proprietary rights notice from any Content.
16. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
17. Copy or adapt the Sites software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
partys uninterrupted use and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Site.
19. Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (gifs), 1x1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
spyware or passive collection mechanisms or pcms).
20. Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Site, or using or launching any unauthorized script or other
21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
22. Use the Site in a manner inconsistent with any applicable laws or
23. Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
The Site may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users
of the Site and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby represent and
warrant that:
1. The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated
by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
8. Your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age
of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning
child pornography, or otherwise intended to protect the health or well-being
of minors;
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
Any use of the Site in violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or suspension of your
rights to use the Site.
By posting your Contributions to any part of the Site, you automatically grant,
and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into other works, such Contributions, and grant and authorize sublicenses of
the foregoing. The use and distribution may occur in any media formats and
through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral rights have
not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you
in any area on the Site. You are solely responsible for your Contributions to
the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
Use License
If you access the Site via a mobile application, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to
access and use the mobile application on such devices strictly in accordance
with the terms and conditions of this mobile application license contained in
these Terms of Use. You shall not: (1) decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement,
translation, or derivative work from the application; (3) viola