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Terms of Use

Updated: September 20, 2017

8Share Account Holder Terms and Conditions of Use for Philippines

Introduction

This agreement ("Agreement") between you and REV SOCIAL MALAYSIA SDN. BHD., a member of the Media Prima Group ("8Share") consists of these 8Share Program's (the "Program") Standard Terms and Conditions ("Terms and Conditions"). A description of the Program, as generally offered by 8Share, is available at the Program Frequently Asked Questions ("FAQ") URL, located here or such other URL 8Share may provide from time to time. By clicking the button to join 8Share, you are participating in the Program, and thereby agree to be bound by these Terms and Conditions and all polices and guidelines referred to.

The Terms and Conditions are owned or controlled by 8Share and its subsidiaries and affiliates. Throughout these Terms and Conditions, at any juncture the words 'we', 'our', or 'us' are used, we are referring to 8Share.

We may change the Terms and Conditions at any time. Your continued use of the Program means you agree with the most-current version of the Terms and Conditions, all of which can be found on the 8Share website (www.8share.com) ("the Site"). As a registered user of the Program, we beseech you to regularly review the Terms and Conditions.

"you" or "8Share Account holder" means any entity identified in an enrolment form via "Sign Up" on the Site (www.8share.com) submitted by you to us for the purposes of joining the Program.

It is your responsibility to ensure that you understand the Terms and Conditions before you agree to join the Program. If you have any questions please contact us with your enquiry at philippines@8share.com.

Definitions

"8Share Account Holders" means any persons who have registered for the Program, with the intention of participating in or using the 8Share Program.

"Businesses" means any third party entity who engages 8Share to advertise, promote or market their products or services through the Program.

"Payment" means payment made by any Business to a 8Share Account Holder for participating in the Program.

"Site" means www.8share.com

"Specials" means an advertising, marketing and promotion campaign authored by %{site}, the Businesses or their agents.

"Unique click" for 8Share Account Holders in Philippines, means a click on a Special link from a unique visitor that comes from within Philippines. A unique visitor is a person who has never clicked on the Special before. Please refer to What is a Unique Visit (U.V.) for further information on Unique clicks.

"Earnings" means credits generated by you through your participation in the Program.

"Internet Communication Platform" refers to social network websites or applications that enable users to create and share content or to participate in social networking. This definition does not include chat platform or applications.

Users are not allowed to share 8share content on the following websites or applications: Tagged.com Gigacircle.com Globallshare.com Badoo.com Meetup.com Bebo.com Pinterest.com Tumblr.com Instagram.com Ask.fm YouTube.com Whatsapp.com Line.me Wechat.com Snapchat.com Keek.com Gleam.io Skype.com

If a user wishes to share a Special on a website or application that is not mentioned in the list above, the user must first send in an enquiry for approval before doing so to philippines@8share.com.

Registration

Before registering for the Program, you warrant and affirm that you will NOT:

Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

Provide any information that: (a) is false, inaccurate, misleading or incomplete; (b) violates any law; (c) is defamatory, trade-libelous, unlawfully threatening or unlawfully harassing; and (d) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

The Program and its component elements are exclusively, permission based which requires all 8Share Account Holders to Opt-in. That means the choice of joining and continuing to take part in the Program and level of participation is entirely yours.

We reserve the right at our discretion to request verification of, or verify on your behalf, any information provided by you, including but not limited to the information provided on the 8Share registration form.

You may only apply for and maintain only one 8Share account.

You represent and acknowledge that all of the information provided by you to 8Share to enrol in the Program is correct and current. You are the valid, bona fide owner of each Twitter, Google+, blog or any other Internet Communication Platform account for the purposes of this Agreement and the Program. You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

You further represent and warrant that each Twitter, Google+, blog or any Internet Communication Platform account belonging to you and any material displayed therein before signing up for this Program and throughout your use of this Program: (i) complies with all terms of use and guidelines incorporated therein, applicable laws and regulations; (ii) does not breach and has not breached any terms of use and guidelines incorporated therein, applicable laws, regulations, duty toward or rights of any person or entity including, without limitation, rights of intellectual property or rights or duties under consumer protection, product liability, tort, or contract; and (iii) is not pornographic, hate-related or otherwise violent in content.

To register for joining the Program, you must validly provide information to us. Provided you have complied with and agreed to these Terms and Conditions you will be issued with a user name and password.

You must keep your user name and password confidential and must not reveal your password to anyone. You are entirely responsible for any and all activities that occur under your 8Share Account. 8Share will not be liable for any losses or damage incurred as a result of the unauthorized use of your user name or password.

You agree to notify us immediately in the event of any unauthorized use of your 8Share Account or any other breach of security. Notification should be made by email to philippines@8share.com.

The information you provide in the 8Share in your registration belongs to you.

Your 8Share Account, password and user name is personal to you and is not transferable under any circumstances.

You may only use the Program for lawful purposes.

You must provide us with valid and truthful information. In particular you agree that the information provided on the 8Share registration screens, together with any other personal contact details are valid and correct.

You must inform us of any change in the information provided by you on the 8Share registration screens (including but not limited to email address and other personal contact information) as soon as practicable.

You further agree to use reasonable efforts to keep any other information provided up to date. As one of the conditions of your use, you warrant and represent that you are a genuine or bona fide 8Share Account Holder. It is your responsibility to ensure that your use of the Program complies with this Agreement and any notices received by you from 8Share.

Payment

Businesses will pay 8Share if you generate a certain amount of Unique clicks on each shared Special through your participation in the Program.

You shall generate Earnings related to the number of Unique clicks validated by 8Share generated from your shares of Specials and/or other events performed in connection with your participation in this Program, in each case as determined by 8Share for its participants in the Program.

No money or monies will vest in you as a 8Share Account Holder until that money is paid to you or at your direction as permitted under this Agreement.

Nothing in this Agreement creates an obligation on 8Share as agent, trustee or any other fiduciary relationship for you as a 8Share Account Holder.

You acknowledge that a Payment, is an offer made to you by Businesses and is not in any way an offer made by 8Share.

8Share will receive the funds from your participation in the Program from Businesses and will endeavor to ensure that Businesses comply with their obligations to deposit the appropriate funds into our account. Earnings generated by 8Share Account Holders through their participation in the Program will not be available for redemption until Payment has been received in full from the respective Businesses and 8Share will not be liable to you for any loss you may suffer in the event that Businesses do not comply with this obligation.

In the event that the Businesses default on its obligation to make the Payment to 8Share, 8Share may, without obligation take any action we deem appropriate to recover these funds.

Once you have generated a MINIMUM CASHOUT AMOUNT of PhP500.00 (or more) credited to your 8Share Account you may have your entitlement paid into your personal bank account PROVIDED you make a cashout request and the cashout request relates to a sum of at least PhP500.00 to a maximum of PhP3,000 per cashout request.

In your cashout request you are required to choose one of the Payment methods offered on the Site: How Can I Redeem Money. The process of making a Withdrawal Request is detailed at the 8Share accounts page (FAQ) How Can I Redeem Money.

8Share will not be obliged to pay you any money until you have accumulated at least PhP500.00 and is not obliged to pay you any money at each cashout request if it is for more than the PhP3,000.

Once 8Share receives your Withdrawal Request, payment will be made in accordance with your direction on payment methods offered on the site within 1 month. All bank or transfer charges shall be borne by you.

If your 8Share Account is Inactive, 8Share shall withhold redemption of any earned credits and will not entertain any Withdrawal Requests, for any Cashout amount. Your 8Share Account is deemed Inactive if based on 8Share's records, you have not logged in for a period of three (3) months or more or if you have not accepted Payment or other amounts that 8Share has attempted to deliver to you, and/or 8Share has been unable to reach you, or has not received adequate payment instructions from you, after contacting you at the address you provided us.

8Share has a right to terminate and/or remove any earned credits from any 8Share Account that is Inactive.

8Share shall not be liable for any Payment based on any amounts which result from invalid clicks whether by use of automated script or computer program to generate unique clicks on Advertising campaigns, or clicks obtained from multiple accounts under a fake identity, or otherwise,) or as a result of any breach of the terms and conditions of this Program, or as reasonably determined by 8Share.

8Share has the right to withhold Payment or charge back your account due to any of the foregoing or any breach of this Terms and Conditions by you, pending 8Share's investigation of any of the foregoing or any breach of these Terms and Conditions by you, or in the event that a Business defaults on payment.

In the event your participation in the Program is terminated by us or you, 8Share shall not be liable to pay your earned credit balance to you. If you wish to receive Payment on your earned credit balance, you must make a Withdrawal Request at least one month before your request for termination. If the termination is not made at your request, but terminated by us due to your breach of this Agreement you shall not receive any Payment.

In no event, however, shall 8Share make Payment for any earned credit balance less than PhP500.00 or if the termination of the Program was a result of your breach of these terms and conditions or if you have not logged into your 8Share Account for a consecutive period of 3 months.

You are entirely responsible for ensuring the accuracy of the information provided when making a Withdrawal Request. 8Share will not be liable to you for any loss, cost or damage in respect of any Payment made in accordance with your instructions for Payment. You agree and accept that 8Share may make an administration charge in the event that you provide incorrect details and you expressly authorize 8Share to deduct these charges from your 8Share Account.

8Share will not be liable to you for any errors made by any third parties in relation to your 8Share Account or any Withdrawal Request.

No interest will be paid on any Earnings generated and your account has no monetary value until the point in time when the money, the subject of a Withdrawal Request, is validly redeemed.

8Share may change its Payment structure at any time. If you dispute any Payment made under the Program, You must notify 8Share in writing within thirty (30) days of any such Payment; failure to so notify 8Share shall result in the waiver by you of any claim relating to any such disputed Payment.

Payment shall be calculated solely based on records maintained by 8Share. No other measurements or statistics of any kind shall be accepted by 8Share or have any effect under this Terms and Conditions. The Payment made under this Program are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by 8Share (including by electronic mail)

8Share will maintain 8Share Account Holders' credit card information, bank account details and your 8Share Account details.

You are entirely responsible for assessing the taxation implications and any liability applicable on funds received from your use of the Service.

8Share will retain financial information relating to your transaction record. To the extent possible, 8Share will store this information in a non-identifying form. Particulars of the amount standing to your credit will be clearly displayed as 'Your Earnings' - accessible after you log into your 8Share account.

8Share will maintain a record of Your Earnings. 8Share will record funds to which you may be entitled and other 8Share Account information (Transaction Record). A Transaction Record will be accessible by you (using your 8Share Account details), and will only be used by 8Share for the purpose of the Program. You are responsible for the privacy and confidentiality of your transaction record notwithstanding 8Share's obligations under the Privacy Policy.

All terms and conditions under this heading of Payment will survive and remain effective in the event this agreement lapses, expires or is discontinued, the discontinuance of which is entirely and solely at the discretion of 8Share.

Privacy

Rights to Information

8Share may retain and use all information you provide including but not limited to the Program demographics and contact and billing information. You agree that 8Share may transfer and disclose to third parties non-personally-identifiable information about you for the purpose of approving and enabling your participation in the Program, including to third parties that reside in jurisdictions with less restrictive data laws than your own. 8Share may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. 8Share disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party.

8Share may share non-personally-identifiable information about you, including Program URLs, Program-specific statistics and similar information collected by 8Share, with businesses and other third parties. In addition, You grant 8Share the right to access, index and cache the Program, or any portion thereof, including by automated means including Web spiders or crawlers.

8Share may share non-personally-identifiable information about you or any Internet Communication Platform Account, specific statistics and similar information collected by 8Share, with Businesses, potential Businesses and other third parties.

You agree that 8Share may use your name in presentations, marketing materials, customer lists, financial reports and Internet Communication Platform account listings of customers.

For content that is covered by intellectual property rights, you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide.

Conditions of Use

The following are the principal conditions of your use of and participation in the Program. Without prejudice to any of our rights against you in the event you breach any terms and conditions of this Agreement, we reserve the exclusive and discretionary right to terminate your use of the Program by deactivating of your 8Share Account and banning you from registering for any further 8Share Account should you violate or fail to comply with any of the following conditions:

  • You may not join nor use this Program on behalf of another person;
  • You must not use anyone else's 8Share Account;
  • You will not transfer your 8Share account to another person in any way which includes selling or auctioning your account;
  • You must not upload and inject into the 8Share network in any manner any content containing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • You must not upload or transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • You must not use the Program to send unsolicited messages;
  • You must not use, post or transmit any material of any kind which 8Share considers, does or is likely to damage the Businesses or the reputation of 8Share;
  • You must not post and/or transmit several Specials or links to Specials at one go or spam while using the Program;
  • You must not post multiple Specials or links to Specials in one post;
  • You must not post misleading links to Specials including but not limited to messages that read "Hey open this site by clicking this link"/ "Please click"/ "Help me click please"/ "Do me a favour and help me"/ "Help me earn"/ "Open this link"/ etc. or any derivation or variation of such messages;
  • You must not post Specials or links to Specials that are unrelated to the Special;
  • You must not post Specials through Facebook ads, Google ads or any paid advertising space or service;
  • You must not post on any account for an Internet Communication Platform that you do not own.
  • You must not misrepresent, deceive or trick internet users into clicking on your link to Specials by using images, sounds, text, email addresses, unrelated links or any other form of misrepresentation;
  • You must not use private/anonymous browsing modes on your internet browser while using the Program;
  • You must not use cloak browsing while using the Program;
  • You must not facilitate or encourage any violation of these terms and conditions;
  • You must not share Specials or links to Specials on any internet forums;
  • You must not post Specials or links to Specials on conversation threads on any Internet Communication Platform not hosted by yourself;
  • You must not randomly post Specials or links through any Internet Communication Platform to users who are not your friends;
  • You must not use any pornographic or any material containing nudity or sexual content while using the Program;
  • You must not demand, request or ask other internet users to click on your links or links to your Specials;
  • You must not infringe the intellectual property rights belonging to 8Share or that of any other party;
  • You must not breach, violate or contravene any terms, incorporated guidelines, rules or policies of Facebook, Twitter, blogs or any other Internet Communication Platform during your utilisation of those accounts in relation to use of this Program. Facebook Terms and Conditions, Facebook Platform policies, Twitter Terms and Conditions;
  • You will not use our copyright or trademarks any confusingly similar marks, or any of our intellectual property rights without our written permission;
  • You will not infringe any of our intellectual property rights, as explained under the heading "Intellectual Property Rights" below.
  • You must not share or set up any Special as a giveaway in any websites or applications.

Responsibilities of Parties

You are solely responsible for any of your Internet Communication Platform account(s), including all content and materials, maintenance and operation thereof, the proper implementation of 8Share's guidelines, and adherence to these Terms and Conditions, including compliance with the Program rules, guidelines, customs and policies. In any case, 8Share reserves the right to investigate, at its own discretion, any activity that may violate these Terms and Conditions, 8Share is not responsible for anything related to your Internet Communication Platform account(s), including without the transmission of data between any Internet Communication Platform and 8Share.

Termination; Cancellation

You may terminate your participation in this Program and consequently your adherence to these Terms and Conditions with or without cause at any time by sending written notice of your desire to cancel your participation in the Program to philippines@8share.com.

This Agreement will be deemed terminated within ten (10) business days of 8Share's receipt of your notice. 8Share may investigate any activity that may violate this Agreement. 8Share may at any time, in its sole discretion, terminate all or part of the Program, or suspend or terminate the participation in all or part of the Program for any reason.

Upon termination of participation of in the Program or termination of this Agreement for any reason, the Terms and Conditions under the heading of "Payment" shall survive termination. Any of your obligations under these Terms of Service will also survive cancellation. You agree that we will not be liable to you or any third party as a result of such modification, discontinuation, or cancellation.

Intellectual Property Rights

You acknowledge that 8Share owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Program (excluding items licensed by 8Share from third parties and excluding any third party media player that may subsist in the Program), and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in these Terms and Conditions.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any 8Share services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

You will not remove, obscure, or alter 8Share's copyright notice or other proprietary rights notices affixed to or contained within any 8Share's services, software, or documentation.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, law of confidence and passing off and any and all other proprietary rights, including all amendments now or hereafter in force and effect worldwide.

You are granted a limited, non-exclusive license to use the Intellectual Property Rights made available by 8Share (Content) solely for use under the Program and in accordance with these Terms and Conditions.

You may not however, distribute, modify, copy, transmit, display, reproduce, use, publish, license, create derivative works or sell or deal in the course of trade in any manner any Intellectual Property Rights belonging to 8Share.

If you use the Intellectual Property belonging to 8Share in a way that is not clearly allowed by these Terms of Service, you are violating these Terms and Conditions and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the Program.

Publicity

You agree that 8Share may use your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages.

Messages and Notices from 8Share

It is a condition of your use of the Program that you agree to receive messages or notices from 8Share relating to Specials via the internet or otherwise, including your cell phone.

Should you at any time wish to discontinue receiving these messages from 8Share then you can do so by cancelling your 8Share Account and discontinuing your use of the Program.

All content contained in messages is provided by Businesses and does not incorporate any recommendation or an endorsement by 8Share or their directors or employees or any related party.

Any offer contained in the messages are made by the Business and not by 8Share.

The Businesses are solely responsible for the accuracy and suitability of the any content or offer in the message. 8Share makes no express or implied warranty about the nature of any messages and will not be liable for any losses or damages you may suffer attributable to the messages or your use of the Program.

No Warranties

The Program is provided to you on an as is, as available basis. We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty as to the accuracy, completeness, currency, or reliability of any content or data available through the Program.

We make no representations or warranties that use of the Program will be uninterrupted or error-free. 8Share is not responsible for any content provided hereunder or for any Internet Communication Platform that can be linked to or from the Specials.

8Share makes no warranty and no representation about the results you will obtain through the Program, including but not limited to any representation regarding the amount of Payment you will earn through the Program. 8Share makes no warranty that your use of the Program does not contravene and rules, guidelines, policies of any Internet Communication Platform.

You are responsible for taking all precautions necessary to ensure that any content you may obtain from the Program is free of viruses and any other potentially destructive computer code.

Limitation of Liability

IN NO EVENT SHALL 8Share BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, ANY DAMAGES WILL BE CAPPED AT RM100.

Each party acknowledges that the other party has agreed to these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

Without limiting the foregoing and, 8Share makes no guarantee regarding the level or clicks or Unique clicks on any Special, the timing of delivery of such clicks or the amount of any Payment to be made to you under this Program.

8Share will not be liable for any failure or delay in performance of our obligations under this Agreement, resulting from any condition beyond the reasonable control of 8Share including but not limited power failures, network failures, server failures, any electronic and technical malfunction, viruses, outages to any public internet backbones, networks or servers, any failures of your equipment, any hacking, system security breaches, systems or local access services, unforeseeable disruptive behaviour by our current or former employees, interruptions in internet services in areas where your servers are located or co-located, governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions.

Indemnification

You agree to indemnify and hold 8Share, its parents, subsidiaries and affiliated organizations, and their directors, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party, including but not limited to any Internet Communication Platform due to or arising out of your use of the Program, your 8Share Account, the Site, the Network or your violation of these Terms of Service. If you violate these Terms of Service, in a way that causes harm to others, you agree to indemnify and hold 8Share harmless against any liability for that harm.

Jurisdiction

These Terms of Service are governed by the internal substantive laws of Malaysia, without respect to its conflict of laws principles.

Special Provisions Applicable to Users Outside Malaysia

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws.

The following provision applies to users and non-users who interact with 8Share outside Malaysia: you consent to having your personal data transferred to and processed in Malaysia.

Dispute Resolution

All questions or disputes relating to the Service including the Terms and Conditions should be submitted to 8Share.

We will endeavor to resolve any disputes expeditiously. All interpretations of the Terms and Conditions will be conducted at our sole discretion. In the event that we make an error such error will not constitute a breach of the Terms and Conditions.

These Terms and Conditions shall be governed by the laws of Malaysia. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be adjudicated in Malaysia.

Questions, Comments, and Notices

If you have any questions, comments, or notices for us, please contact us at: philippines@8share.com. We may deliver notice to you by electronic mail, a general notice on the Terms of Service, or by written communication delivered by First-Class Mail to your address on record.

Miscellaneous

These Terms and Conditions make up the entire agreement between the parties regarding the Program and supersedes any prior agreements or representations whether verbal or in writing.

If any portion of these Terms and Conditions is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver.

Any amendment to or waiver of these Terms and Conditions must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.

All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms and Conditions shall prevent us from complying with the law.

These Terms and Conditions do not confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing the Program.