ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The 88Finds Service
We agree to provide you with the 88Finds Service. The Service includes all of the 88Finds products, features, applications, services, technologies, and software that we provide to advance 88Finds's mission: To facilitate connection to the people and things you love. The Service is made up of the following aspects:
- Offering personalized opportunities to create, connect, communicate, discover, and share. Everyone is different. We want to strengthen your relationships through shared experiences you care about. So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share experiences that matter to you.
- Fostering a positive, inclusive, and safe environment. We develop and use tools that help to make experiences positive and inclusive. We also have teams and systems that work to combat abuse and violations of our Terms and policies. We use all the information we have-including your information-to try to keep our platform secure. We also may share information about misuse or harmful content with law enforcement.
- Developing and using technologies that help us serve our growing community. Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.
- Ensuring access to our Service. To operate our global Service, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Service.
- Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use 88Finds.
We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the 88Finds community.
- You must be at least 18 years old.
- You must be from the United States.
- You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
- We must not have previously disabled your account for violation of law or any of our policies.
- You must not be a convicted sex offender.
Who Can't Use 88Finds.
Providing a safe and open Service for a broad community requires that we all do our part.
- You can't impersonate others or provide inaccurate information.
- You do not have to disclose your identity on 88Finds, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren’t, and you can’t create an account for someone else unless you have their express permission.
- You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
- You can't violate (or help or encourage others to violate) these Terms or any of our policies.
- You can't do anything to interfere with or impair the intended operation of the Service.
- This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals.
- You can't attempt to create accounts or access or collect information in unauthorized ways.
- This includes creating accounts or collecting information in an automated way without our express permission.
- You can't sell, license, or purchase any account or data obtained from us or our Service.
- This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect 88Finds usernames, passwords, or misappropriate access tokens.
- You cannot post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
- You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent your own or have obtained all necessary rights to the content you post or share.
- You can't modify, translate, create derivative works of, or reverse engineer our products or their components.
- You can't use a domain name or URL in your username without our prior written consent.
Permissions You Give to Us.
As part of our agreement, you also give us permissions that we need to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
- You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on 88Finds. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
- You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
- If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called “Our Agreement and What Happens if We Disagree” will still apply even after your account is terminated, disabled, or deleted.
Our Agreement and What Happens if We Disagree
- If you use certain other features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. If any of those terms conflict with this agreement, those other terms will govern.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
- Our past, present, and future affiliates and agents, including 88Finds LLC and Eternal Eight Ventures Inc., can invoke our rights under this agreement in the event they become involved in a dispute. Otherwise, this agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others.
Who Is Responsible if Something Happens.
- Our Service is provided “as is,” and we cannot guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We also do not control what people and others do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with our Service, we cannot know what all the possible impacts might be. You agree that we will not be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes.
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or 88Finds (“claim(s)“) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other 88Finds users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you do not bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury. The following claims do not have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide. This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your 88Finds account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: 88Finds LLC ATTN: 88Finds Arbitration Opt-out, 21 West 20th Street Floor 5, New York NY 10011.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your 88Finds account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to 88Finds LLC, ATTN: 88Finds Arbitration Filing, 21 West 20th Street Floor 5, New York NY 10011. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your 88Finds account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $75,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the state court located in Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms.