EIGHTPASS TERMS OF SERVICE

 

EightPass LLC

8605 Santa Monica Blvd #332477

West Hollywood, CA 90069-4109, USA

 

Email: support@eightpass.com | legal@eightpass.com

Customer Support: +1 (424) 888 0065

 

 

1) Welcome; Agreement to These Terms

 

Welcome to EightPass.com and related websites, apps, and services operated by EightPass LLC (collectively, the “Services”). Throughout these Terms of Service (“Terms”), “EightPass,” “we,” “us,” and “our” refer to EightPass LLC, and “you” and “your” refer to any user or visitor.

 

By accessing or using the Services, creating an account, purchasing any digital products, subscribing to plans if offered, participating in any promotion including any Giveaway, or clicking a box indicating acceptance, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

 

We may update these Terms from time to time. Any changes are effective when posted, and your continued use constitutes acceptance of the updated Terms.

 

 

2) Privacy Policy

 

Our Privacy Policy describes how we collect, use, and share information. The Privacy Policy is incorporated into these Terms by reference. Please review it carefully.

 

 

3) Eligibility

 

3.1 General Services Eligibility

 

You must be at least eighteen (18) years of age to use the Services. Giveaways may have higher age requirements in certain states, as described below and in the applicable Official Rules.

 

3.2 Giveaway Participation Eligibility

 

To enter or participate in any giveaway, sweepstakes, or prize promotion offered through the Services (“Giveaways”), you must meet the eligibility requirements stated in the applicable Official Rules and Giveaway Details.

 

Unless otherwise stated in the applicable Official Rules or Giveaway Details, Giveaways are open only to legal residents of the United States and the District of Columbia, excluding Rhode Island, Puerto Rico, U.S. territories and possessions, and any jurisdiction where the Giveaway is prohibited or restricted by law.

 

Entrants must be at least eighteen (18) years of age at the time of entry, nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi.

 

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

 

4) Official Rules for Giveaways

 

All Giveaways are governed by the applicable EightPass Official Rules (“Official Rules”) and the Giveaway detail page disclosures or other giveaway-specific disclosures (the “Giveaway Details”). The Official Rules are incorporated into these Terms by reference.

 

If there is any conflict between these Terms and the Official Rules for a particular Giveaway, the Official Rules will control solely for that Giveaway.

 

No purchase is necessary to enter or win, and a purchase will not improve the chances of winning per entry. All eligible entries are treated equally as described in the Official Rules.

 

 

5) Account Registration; Username & Passwords

 

You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You agree not to share your credentials with others and to notify us immediately of any unauthorized use or security breach.

 

We may require you to provide accurate, current, and complete information and to keep your account information updated.

 

 

6) Purchases; Payment; Order Verification

 

The Services may allow purchases, including purchases of digital products such as digital artwork, artwork packs, collector releases, creative assets, subscription plans if offered, or other products or services (“Transactions”).

 

To prevent fraud and protect users, Transactions above certain thresholds, for example $250 or more, may be subject to verification, additional review, identity confirmation, or payment validation. We may refuse, cancel, or limit any Transaction in our sole discretion to the extent permitted by law.

 

You authorize us and our payment processors to charge your selected payment method for all amounts due, including applicable taxes and fees.

 

 

7) Digital Products; Promotional Entries

 

The Services may offer optional digital products, including digital artwork, downloadable digital media, collector releases, artwork packs, creative assets, or other digital products (“Digital Products”).

 

Certain Digital Products may include promotional entries as an added promotional benefit, as disclosed on the applicable product page, additional information or release tab, cart page, checkout page, order confirmation, account area, or other relevant disclosure area.

 

Important points:

 

Digital Product purchases are optional. No purchase is necessary to enter or win.

 

You are purchasing the Digital Product itself. Promotional entries are provided as an added promotional benefit and have no independent monetary value.

 

Promotional entries have no cash value, are not legal tender, and are not redeemable for money, credit, cash equivalent, or any other value.

 

Promotional entries are non-transferable and may not be sold, bartered, gifted, exchanged, or transferred outside the Services.

 

Promotional entries do not automatically count toward any Giveaway unless and until they are submitted to an eligible Giveaway during that Giveaway’s Promotion Period, subject to the applicable entry limit and Official Rules.

 

All Digital Product purchases are generally final and non-refundable, except where refunds are required by applicable law or explicitly offered by us in writing.

 

We may change pricing, product availability, and the number of promotional entries offered with a product at any time, to the extent permitted by law. The applicable disclosures at the time of purchase control.

 

 

7.1 Chargebacks; Reversals; Disputes

 

If any payment is reversed, charged back, refunded, disputed, canceled, or otherwise not successfully captured or settled for any reason, including suspected fraud, we may, to the fullest extent permitted by law and in our sole discretion:

 

void or remove promotional entries and any associated entries, credits, or benefits linked to the affected transaction;

 

disqualify you from any affected Giveaway(s);

 

suspend, restrict, or terminate your access to the Services and/or your account; and/or

 

ban you from future promotions.

 

It is fraudulent to obtain promotional entries through purchases with the intent to avoid payment through chargebacks, returns, reversals, or disputes.

 

 

8) Subscription Plans

 

We may offer optional subscription plans in the future. If subscription plans are offered, the applicable pricing, billing terms, renewal terms, cancellation terms, benefits, promotional entries, and any related no-purchase entry method will be disclosed at checkout, in the applicable plan details, and/or in the Official Rules.

 

No subscription plan is required to enter or win any Giveaway.

 

 

9) Mobile Messaging Terms (SMS/Text) — If You Opt In

 

If you enroll in any EightPass SMS/text messaging program (the “SMS Program”), you consent to receive recurring SMS/text messages from and on behalf of EightPass at the mobile number you provide, including service-related messages such as account alerts and promotional messages such as marketing offers, including messages sent using an automatic telephone dialing system or other technology, where permitted.

 

No Purchase Condition: You do not have to opt in to SMS to make a purchase, and consent is not a condition of purchase.

 

Costs: We do not charge for SMS, but message and data rates may apply. Your wireless carrier is not liable for delayed or undelivered messages.

 

Opt Out: Reply STOP to any message or use an unsubscribe link where available to opt out. You will receive a one-time confirmation message. For help, reply HELP or contact support@eightpass.com.

 

Number Changes: If you change your mobile number, you must re-enroll with your new number.

 

We may modify or cancel SMS programs at any time to the extent permitted by law.

 

 

10) Prohibited Conduct; Fair Play; Security

 

You agree not to:

 

use bots, scripts, macros, AI automation, “sweeps” services, or any automated or third-party methods to enter Giveaways or interact with the Services;

 

misrepresent identity, eligibility, address, location, or account information;

 

attempt to circumvent entry limits, create multiple accounts, or manipulate drawings;

 

interfere with the Services, security, or proper functioning; or

 

violate any applicable law or the Official Rules.

 

We may investigate suspected violations and take any action we deem appropriate, including disqualification, voiding entries, suspension, termination, and reporting to authorities.

 

 

10.1 Account Suspension; Termination; Effects

 

We may suspend, restrict, or terminate your access to the Services or your account at any time, with or without notice, as permitted by law, if we reasonably believe you have violated these Terms, the Official Rules, or applicable law, or if we suspect fraud, abuse, chargebacks, or other conduct that may harm the Services, the integrity of any Giveaway, or other users.

 

If your account is suspended or terminated, we may, to the fullest extent permitted by law:

 

(a) void or remove promotional entries and any associated credits or benefits linked to disputed or reversed transactions;

 

(b) disqualify you from affected Giveaways; and

 

(c) restrict your ability to create new accounts or participate in future promotions.

 

Sections that by their nature should survive termination, including without limitation Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution, will survive.

 

 

11) Intellectual Property; Trademarks; Copyright

 

All content on the Services, including text, graphics, logos, designs, software, and interfaces, is owned by EightPass or its licensors and is protected by intellectual property laws.

 

“EightPass” and related branding are trademarks of EightPass LLC. You may not use our trademarks without our prior written permission.

 

 

12) Disclaimers

 

THE SERVICES AND ALL CONTENT, FEATURES, GIVEAWAYS, ENTRIES, PLANS, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

 

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

 

Nothing in these Terms limits liability that cannot be excluded under applicable law.

 

 

13) Limitation of Liability

 

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, IN NO EVENT SHALL EIGHTPASS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR COST OF COVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR PARTICIPATION IN ANY GIVEAWAY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR DIGITAL PRODUCTS, PLANS, OR OTHER PRODUCTS OR SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

IF A THIRD PARTY GAINS ACCESS TO THE SERVICES THROUGH YOUR DEVICE OR BY USING YOUR ACCOUNT CREDENTIALS, YOU REMAIN RESPONSIBLE FOR SAFEGUARDING YOUR ACCOUNT CREDENTIALS AND FOR ALL ACTIVITY CONDUCTED THROUGH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU, TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Some jurisdictions do not allow certain limitations. In such cases, limitations apply to the maximum extent permitted.

 

 

14) Indemnification

 

You agree to indemnify, defend, and hold harmless EightPass, its parents, subsidiaries, affiliates, and each of their officers, directors, employees, contractors, agents, suppliers, administrators if any, and service providers from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

 

your use of the Services;

 

your violation of these Terms, the Official Rules, or any law;

 

your violation of any third-party rights; or

 

your fraud, misconduct, or prohibited activities.

 

We may assume the exclusive defense and control of any matter subject to indemnification. Your obligations remain.

 

 

15) Force Majeure

 

We are not liable for delays or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or telecommunications outages, power failures, governmental actions, pandemics, or failures of suppliers or service providers.

 

 

16) Assignment

 

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms and our rights or obligations to an affiliate or successor as permitted by law.

 

 

17) Dispute Resolution; Pre-Dispute Contact; Governing Law; Venue

 

17.1 Pre-Dispute Contact

 

Before filing any lawsuit, you agree to first contact us at support@eightpass.com or legal@eightpass.com for compliance issues and attempt to resolve the dispute informally in good faith. If you do not attempt to resolve the dispute first, you may be in breach of these Terms.

 

17.2 Governing Law & Venue

 

These Terms and any disputes are governed by the laws of the State of California, without regard to conflict-of-law rules. You agree that any legal action must be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to jurisdiction and venue there.

 

17.3 Jury Trial Waiver

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND EIGHTPASS WAIVE ANY RIGHT TO A TRIAL BY JURY.

 

17.4 Class Action Waiver

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

 

 

18) Severability

 

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by a valid provision that most closely reflects the original intent and economic effect.

 

 

19) Headings

 

Headings are for convenience only and do not affect interpretation.

 

 

20) Entire Agreement

 

These Terms, together with the Privacy Policy and any applicable Official Rules and Giveaway Details, constitute the entire agreement between you and EightPass regarding the Services and supersede prior agreements and communications.

 

 

21) Contact

 

Questions about these Terms: legal@eightpass.com

Support: support@eightpass.com

 

Mailing Address:

 

EightPass LLC

8605 Santa Monica Blvd #332477

West Hollywood, CA 90069-4109, USA