8excite+ Terms & Conditions
8excite+ TERMS OF USE

These Terms of Use (“Terms”) govern the rights and obligations regarding your access to and use of the 8excite+ website (“Site”), software (“Software”), features and applications (“Application”) and services (“Services”). The Site, Software, Application and Services as a whole shall be collectively known as “8excite+”).

These Terms, together with the Privacy Policy (“Privacy Policy”), constitute a fully binding agreement between you, as a user of 8excite+ (including its affiliates and subsidiaries, collectively “8excite+” or “We” or “Our” or “Us”) the provider of and proprietor of all rights in and to 8excite+. Accordingly, your access to and use of 8excite+ requires your compliance with these Terms which we recommend you read.

By using 8excite+ either on the Internet, cellular media (including by downloading the 8excite+ mobile application) or any related interactive and informational 8excite+ related services that are made available by your assent to be bound by these Terms and the Privacy Policy and all other rules, policies and procedures that we may publish from time to time about 8excite+.

These Terms apply to all users of 8excite+, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of 8excite+, venues that access 8excite+, and users that have a profile on 8excite+.

If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using 8excite+.

USING 8excite+

Subject to your compliance with the Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use 8excite+ (including the Software) for non-commercial purposes.

You may access and use 8excite+ and the Software including by downloading and installing the Software to your supported device, solely for your own private and personal purposes and non-commercial use.

To elaborate, you may not,

  1. offer to rent or lease of resell 8excite+
  2. offer 8excite+ to third parties as a part of a service you own that uses 8excite+
  3. offer to rent or lease 8excite+
  4. offer 8excite+ to the public via communication or integrate it within a service of your own without our prior written consent. The examples listed above are purely for illustrative purposes and do not constitute an exhaustive list of restricted activities involving 8excite+.
USE RESTRICTIONS

There are certain types of activities that are strictly prohibited by Us. We have set these restrictions below and you are strongly encouraged to read these restrictions carefully. If you fail to comply with the provisions set out herein, it may result in our sole discretion, to terminate your use of and access to 8excite+.

You may not directly or indirectly, whether by yourself or through any other means or person:

  1. copy, modify, adapt, translate, or distribute 8excite+, the Software, or any portion thereof for any purpose.
  2. transfer, sublicense, lease, lend, rent, or otherwise distribute the Software or 8excite+ to anyone else.
  3. reverse-engineer, decompile, disassemble, or create derivative works of the Software or 8excite+.
  4. use 8excite+ in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
  5. interfere with or violate any third party or other user’s right to privacy or other rights, including copyrights and any other intellectual property rights of such third parties without their express consent.
  6. to gather or collect personal information through any means (including using any robot, spider, or another device to or process to retrieve, data-mine or replicate or copy the software or 8excite+.
  7. upload or transmit or otherwise make available any software or tool that contains any software viruses, worms, Trojan Horse, time bombs, web bugs, spyware, or any other computer code or program that may or is intended to damage, disrupt, disable, hijack the operation of, limit or interfere with the proper function of any hardware, software or device pertaining to the Software or 8excite+.
  8. transfer or assign your 8excite+ profile password, even temporarily, to a third party; or
  9. breach these Terms
SIGNING UP FOR 8excite+

To use 8excite+, you will have to set up your 8excite+ profile and we will help you to do so by you providing Us with, inter alia, a valid username, e-mail address and a password which you will use to access 8excite+. You, may, however, browse and view the contents on the Site without registering for 8excite+.

By signing up for 8excite+, you represent and warrant that you will provide us with accurate and complete sign-up information and further warrant to keep such information up to date and accurate. Any failure to do so on your part shall constitute a breach of the Terms which may result in Us terminating your access to 8excite+.

Please note the following when you register to use 8excite+,

  1. you will not create an 8excite+ profile for any other person without the permission of such a person.
  2. you shall not use a username that is the name of another person to impersonate such person; you shall not use a name that is unlawful, offensive, vulgar, or obscene.
  3. you shall not use a username or account that is subject to any rights of a person other than you without appropriate approvals from that person.

8excite+ is open and available to all individuals above the age of 13 years. We reserve the right, at our sole discretion, to refuse your registration for 8excite+ and/or change the eligibility criteria for registration of 8excite+. Any activity that occurs or is conducted on your profile is solely your responsibility and you are liable for any such activity. We reserve the right to terminate your access to 8excite+ should we discover any unauthorized or illegal activity being conducted on your profile.

You may amend and update the information in your 8excite+ profile and your use of 8excite+, at any time, by informing Us of your intention to do so. Please inform us immediately if you become aware that your profile is being used in a manner that you have not authorized so that we may take the necessary actions to address the misuse.

As an individual signing up for 8excite+, you represent and warrant that you are of legal age to form a binding contract with Us. If you sign up for 8excite+ on behalf of an entity, then you represent and undertake that you are authorized by that entity to:-

  1. enter into and bind the entity to these Terms; and
  2. sign up for 8excite+

By signing up for 8excite+, you shall be solely responsible for ensuring that these Terms follow all laws, rules, and regulations applicable to you in whichever country, region or state you are located. In the event 8excite+ or these Terms is prohibited where you are located, then you agree not to use 8excite+ in any manner whatsoever.

UPDATES

We reserve the right to update, amend or modify, in any manner, any of these Terms and the Privacy Policy from time to time, without notice to you by the terms set herein. We also reserve the right to suspend, limit or discontinue 8excite+ or any feature or content of 8excite+ at any time by posting a notice on the Site. By continuing to use 8excite+, following the changes made to these Terms and the Privacy Policy, you agree to and accept any changes made.

CONTENT

8excite+ will allow you to post and upload photographs, images, and other similar content for publication on the 8excite+ application or Site. By submitting such content to Us, you hereby grant us a worldwide, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with 8excite+ including but not limited to the promotion of 8excite+ through any media format.

You undertake not to upload or submit any content to 8excite+ that:

  1. is defamatory, libellous, pornographic, harassing, offensive, or encouraging conduct that would violate any law, or is otherwise inappropriate.
  2. infringes any intellectual property right of any person or entity.
  3. violates the privacy of any person or entity.
  4. is illegal or unlawful.
  5. is inaccurate or false or could be seen as misleading.
  6. contains software viruses or files designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any part of the Software of 8excite+ or any third party; or
  7. is in breach of any of the terms of our Privacy Policy.

We do not endorse any content you upload through 8excite+, including any opinion, recommendation, or advice expressed therein. We are also not responsible nor liable for any opinions, recommendations or advice set out in 8excite+. The opinions, recommendations and advice set out therein are not ours and We expressly disclaim any liability in connection with such content, including content you may upload through 8excite+.

We reserve the right to determine whether any content you upload complies with these Terms. We may remove such content or take any other appropriate measure (including terminating your account or access to 8excite+) if we discover that you have breached any of these Terms regarding content that may be uploaded or submitted through 8excite+.

If requested or if we are of the view that it is necessary, we will, at any time, cooperate fully with any regulatory authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any content that violates these Terms.

We reserve the right to terminate your access to 8excite+ if we discover that you have infringed the copyright or intellectual property rights of another person or entity. If you believe that your work has been copied and submitted or uploaded through 8excite+ in a manner which would infringe your copyright in such work, please inform us via support@8excite.com. We will request details of such infringement from you including, but not limited to, the description of the copyrighted work that you claim has been infringed and where within 8excite+ such material is located.

You shall be solely liable for any content posted or submitted through 8excite+. All content accessed by you through 8excite+ is done at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.

OUR CONTENT

8excite+ may contain content provided by Us or our partners (“Our Content”) which are protected by copyrights, trademarks, 8excite+ marks, patents, trade secrets or other proprietary rights and laws, as applicable. You undertake to comply with and maintain all copyright notices, information, and restrictions contained in any such content accessed through 8excite+.

Any use of Our Content is expressly prohibited without prior written permission from Us or the copyright holder identified in the relevant content’s copyright notice, as applicable.

All intellectual property rights in the 8excite+ name, marks, services, copyrights, and trademarks are owned by Us and shall continue to belong and vest in Us.

Nothing herein is intended to confer on you any intellectual property rights in Our Content including 8excite+, its services’ names, marks, copyrights, and trademarks which:

  1. belong to or are vested in Us before the commencement of your use of 8excite+, any such rights created independent of your use of 8excite+ including all software, architectural components, reusable applications, software libraries, reusable code, reusable assets, tools, processes, utilities, and methodologies belonging to Us and used in 8excite+, even if such intellectual property or any part thereof is incorporated into or forming part of 8excite+ (“Our Properties”)
  2. any alterations, modifications, enhancements, or customization made to any of the items mentioned in sub-paragraph (a)above in the course of your use of Our Properties and Our Content; and
  3. any third-party software as outlined in any license extended by any such vendor.

You are strictly restricted from using Our Content or Our Properties in any manner without our express written permission including and not limited to:

  1. selling, leasing, exchanging, mortgaging, pledging, licensing, sublicensing, assigning or in any other way conveying, transferring, or alienating Our Content or Our Properties in favour of any person (either for commercial consideration or not (including by way of transmission)); and/or
  2. reverse compiling or in any other way arriving at or attempting to arrive at the source code of Our Content or Our Properties; and/or
  3. providing, copying, emulating, or otherwise making available Our Content or Our Properties in whole or in part, in any form, to any person.
PAYMENTS

As part of our Services, you will be able to make purchases of offers and promotions based on the prices and terms set out against the corresponding offer or promotion.

We will, when you make a purchase, process your payment, or retain your credit card number and charge your card immediately for such purchase and notify you of the purchase. We may also retain your credit card information for future payments you may make for our Services.

To be able to make purchases on our Site or via our Services, you must provide us with a current, valid and accepted payment mode (“Payment Mode”) to use the Services. You may update the Payment Mode you have selected to another payment mode via our Site.

In the event you wish to edit your Payment Mode, you may do so by changing the necessary settings as per instructions on the Site or the App. In the event any payment made by you is unsuccessful, we are authorized by you to continue to bill you via the selected Payment Mode or through any other means we deem necessary. You continue to remain responsible for any unpaid or unsuccessful purchases until you edit your selected Payment Mode.

We utilize the services of third-party payment service providers to settle payments for the Services. We disclaim all liabilities in relation to or associated with the security of the Payment Mode you have selected. Any disputes regarding the Payment Mode selected vis-a-vis your bank, financial institution, credit/debit card issuer or other providers of your selected Payment Mode shall be settled between you and such parties.

All prices set out on the Site, or the App shall be inclusive of taxes unless otherwise stated. You agree to bear any and all prevailing taxes, duties, charges, costs and/or fees that may be in force or which may be introduced in the future.

All purchases made via the App, Site or through our Services are not refundable or creditable for partial use or partial redemption. In the event that you have provided us with credible and verified documentary evidence that there has been an erroneous charge to you and that you did not make such a purchase, please contact us at support@8excite.com.

LUCKY DRAWS / GIFTS / PRIZES

Gifts and prizes distributed to 8excite+ members as part of any lucky draw or contest under 8excite+ will be subject to availability and while stocks last.

Decisions on such lucky draws and contests are final and no appeals or disputes to such decisions will be entertained.

Any 8excite+ member who participates in such lucky draws/contests hereby releases Us from, and indemnify Us and our sponsors and representatives against, all claims, liabilities, costs, losses or expenses arising out of acceptance by the 8excite+ member of any prizes or gifts for any lucky draws or contests or the 8excite+ member’s participation in the said lucky draw or contest including (but not limited to) personal injury and damage to property and whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

Each 8excite+ member acknowledges that We have no liability whatsoever towards them by them participating in the lucky draws and/or contests and that no consideration has been given by the 8excite+ member in exchange for the prizes/gifts received by the 8excite+ member pursuant to such lucky draws and/or contests.

8excite+ reserves the right to deal with all unclaimed prizes for any Lucky Draw in any manner that it deems fit. In the event 8excite+ does not receive a response from Lucky Draw winners within 7 days from the date of announcement of the winners of any Lucky Draw, the gifts originally allocated to such winners will be forfeited.

8excite+ reserves the right, at its sole discretion, to change, modify, add, or remove all or any complimentary items in the promotion or offer at any time without notice.

WARRANTY

Your use of 8excite+ is at your sole discretion and risk. We do not have any fiduciary duty or special relationship with you. We have no control over how you may use 8excite+ and the content you may access through your use of 8excite+ and how such use may affect you as well as any actions you may take after viewing or accessing such content. We make no representations concerning any content contained in or accessed by you through 8excite+, and We will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through 8excite+.

We will not be responsible for any harm to the device you use to access 8excite+ including but not limited to your mobile device or computer, personal injury, death, loss of data, property damage, or other harm that results from your use of 8excite+.

We are not responsible for:

  1. incorrect or inaccurate information on 8excite+,
  2. problems related to any of the equipment or software associated with 8excite+ or used by you,
  3. any limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you,
  4. human error outside our reasonable control,
  5. any interruption, deletion, omission, degradation, defect, or line failure of any telephone network or electronic transmission, or
  6. problems relating to the inability to access 8excite+.

We are not responsible in any way for your connections and relationships with other users of 8excite+ and you release us from all liability relating to the same. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with 8excite+. As such, you agree to exercise the utmost personal care and precautions in all interactions with any party you come into contact with through 8excite+, particularly if you decide to meet such parties in person.

As a user of 8excite+, the Service, Site and Software, you are solely liable for all purchases you make using 8excite+ including, but not limited to, your purchases of any of the services or products made available on the relevant 8excite+ platforms. We make no representations, warranties, or guarantees of any kind whether express or implied as to the merchantability or fitness for the purpose, of the offers and promotions offered through 8excite+ by any of Our 8excite+ merchants or business partners, and you bear all risk in relation to your use of such products and/or services. 8excite+ shall not be liable for any personal injury, death, loss of data, property damage, or other harm that results from your use of any of the products or services made available by Our 8excite+ merchants on the Site.

8excite+, ITS RELATED SERVICES, SITE AND SOFTWARE AND ALL OTHER CONTENT PROVIDED BY US RELATING TO THE SAME ARE MADE ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

LIMITATION OF LIABILITY

We, our directors, employees, agents, representatives, partners, suppliers, or content providers howsoever expressly exclude to the fullest extent permitted by law, all liability arising for any loss suffered as a result of your use of, inter alia, 8excite+, the Site, the Software, the Services or any related content.

In the event a court of competent jurisdiction determines that our liability (or that of our directors, employees, agents, representatives, partners, suppliers, or content providers (as applicable)) has arisen, the total of such liability shall be limited in aggregate to $100.

To the maximum extent permitted by applicable law, in no event shall we, nor our directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not we or our directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) concerning the Site, 8excite+ or content for:

  1. indirect or consequential losses or damages.
  2. loss of actual or anticipated profits.
  3. loss of revenue or goodwill or anticipated savings; or
  4. loss of data.

Nothing herein shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms of use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, 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:

  1. your access to or use of 8excite+,
  2. your breach of these Terms and our Privacy Policy,
  3. any representations made by you during your use of 8excite+; or
  4. your violation of the rights of any party including but not limited to any intellectual property right, or publicity, confidentiality, property, or privacy right.
GOVERNING LAW

These Terms shall be governed by the laws of Singapore, without respect to its conflict of laws principles.

INTEGRATION AND SEVERABILITY

These Terms constitute the entire agreement between you and us concerning 8excite+ and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Us.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

MISCELLANEOUS

You may not in any manner whatsoever assign, transfer, license, novate or sub-license these Terms to any party without our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

These Terms do not in any manner create any partnership, agency, employment, or joint venture relationship between us as a result of your acceptance of these Terms and neither party has any authority of any kind to bind the other in any respect.

LANGUAGE

Where a translation of the English language version of these Terms has been provided to you, please be informed that the said translation is for your ease of use of 8excite+ and in the English language version of these Terms shall govern Our relationship with you.

If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version shall take precedence.

CONTACT

You may contact us by e-mail at support@8excite.com.