Purchases, Subscriptions & Gifts
Payments
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
Pre-Ordered Items
8MV, LLC offers its customers the ability to pre-order certain items up to several days or weeks before its release date. If you decide to buy an item that is on Pre-Order, your order will be shipped when we receive the item in stock.
Back-Ordered Items
8MV, LLC fulfills 95% of its orders in their entirety without backorders within 24-48 hours of when the orders are placed. However, there are instances when a particular item you order will not be in stock. If this happens, then we will ship the rest of your order within the 48-hour time frame. Any backordered item will be shipped separately when it is back in stock. If the backordered items do not come back in stock within 30 days of your order date, a credit will be placed on your account for the total amount of the backordered items including any shipping costs for that item. These credits can be used towards any purchase on 8MV, LLC within 1 year of the original order date. If you choose to receive a refund rather than a credit, then please contact us and we will happily refund the payment for any unfulfilled backordered items.
Order Shipping & Taxes
Currently 8MV, LLC uses the United States Post Office for all U.S. and International orders. You have the option of selecting Priority (faster) delivery and insurance for both U.S. and International orders. All domestic orders are shipped with a USPS tracking number that follows the order from pick-up to delivery.
U.S. Customers – here are your options:
- USPS Standard (avg. 5-7 business days from the date the order was shipped)
- USPS Priority (avg. 2-4 business days from the date the order was shipped)
International Orders – here are your options:
- FedEx Global Guaranteed (avg. 5-7 business days from the date the order was shipped)
Please Note: 8MV, LLC is not responsible for any international customs fees or tariffs; the customer is responsible for paying all taxes/duties.
Refunds & Returns
You may return new, unopened items fulfilled by 8MV,LLC via the http://juice.labeledmajor.com website within 21 days of delivery for a full refund (excluding shipping costs). Items should be returned in their original packaging. In order to process your return quickly and effectively, please include your order number and the reason for the return.
Items that are not returnable include any media (CDs, DVDs, Vinyl, Magazines, etc.) that has been opened or is not shrink-wrapped. This includes any media that ships without shrink-wrap packaging.
Other items that are not returnable:
- Any items that have obvious signs of use
- Any clothing that shows signs of being worn or washed
- Any item not returned in the condition it was receive
If you find that an item is defective after it has been opened, we will happily send you a replacement of that item.
If you would like to exchange an item that you purchased for a different one, please contact us to return the original item and place another order for the item you wish to receive. You do not have to wait for us to receive the original item before the new item goes out. You will be refunded your original purchase price once we receive the original item in returnable condition.
Complete Terms of Use & Policies
“8 MILE VENTURES”, “8MV,LLC”, “8 Mile Ventures, LLC”, “Eight Mile Ventures”,”us”, “we”, “our” and grammatical variants thereof shall collectively refer to 8 MILE VENTURES, LLC., a limited liability company organized and existing under the laws of the State of Michigan, United States of America, located at 10335 8 Mile Rd, Detroit, MI 48221 and its assignees and successors in interest.
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE (THE “WEBSITE”) OF 8 MILE VENTURES, LLC, SUBSCRIBING TO 8MV, LLC SERVICES, PURCHASING 8MV, LLC PRODUCTS, DOWNLOADING 8MV, LLC SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE 8MV, LLC SERVICES AND PRODUCTS, AND THE RELATED 8MV, LLC SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “8MV, LLC TECHNOLOGY”).
8MV, LLC IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE 8MV, LLC TECHNOLOGY (INCLUDING THE 8MV, LLC SERVICES AND PRODUCTS) THROUGH THE WEBSITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM 8MV, LLC OR ITS AFFILIATES IN CONNECTION WITH THE 8MV, LLC TECHNOLOGY AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”).
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE 8MV, LLC TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE 8MV, LLC TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM 8MV, LLC.
AUTHORITY; ELIGIBILITY
By accessing, subscribing, downloading and/or otherwise using the 8MV, LLC Technology, you certify that you (a) are at least eighteen (18) years of age and that all registration information you submit is accurate and truthful, (b) if you are not at least eighteen (18) years of age, you may only use the 8MV, LLC Technology in conjunction with and under the supervision of a parent or legal guardian who is at least eighteen (18) years of age, (c)if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (c) have read this Agreement and have agreed to be legally bound by this Agreement, and (d) agree to all operating rules and policies of 8MV, LLC that may be published within the 8MV, LLC Technology or the Website. If the person accessing, subscribing and/or otherwise using the 8MV, LLC Technology is under eighteen (18) years of age, then such person must review and discuss this Agreement with a parent or legal guardian who is at least eighteen (18) years of age, and by such underage person’s accessing, subscribing, downloading and/or otherwise using the 8MV, LLC Technology, such parent or legal guardian is deemed to have consented to such person’s entering into this Agreement and hereby agrees to be bound by the terms hereof, and to only permit such underage person to use the 8MV, LLC Technology in conjunction with and under their supervision.
Intellectual Property
The 8MV, LLC Technology is owned and operated by 8MV, LLC and/or its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties – Copyright 2006 8MV, LLC. All rights reserved. The compilation and arrangement of all content, data and other information found within the 8MV, LLC Technology are also the sole and exclusive property of 8MV, LLC and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the 8MV, LLC Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to 8MV, LLC and its licensors and fully protected under U.S. and international intellectual property laws.
Submissions, Uploads, Copyrights and Copyright Agents. (DMCA Policy)
By using this Site and/or uploading any material to this Site, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload (“Your Content”) does not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
By uploading, publishing, modifying or displaying Your Content to any part of our service or Site, you automatically grant, and you represent and warrant that you have the right and all necessary licenses to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), transmit, and distribute Your Content for any purpose on or in connection with our service or Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses of the foregoing. You also grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site and under these terms of use.
You also agree not to upload pornographic, obscene or content containing any form of child exploitation.
ADDITIONALLY, YOU HEREBY INDEMNIFY AND HOLD HARMLESS 8MV, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS OF ANY NATURE OR KIND ARISING FROM ANY UPLOADS OF MATERIAL YOU PLACE ON OUR SITE, INCLUDING ATTORNEYS’ FEES AND COSTS.
WE RESERVE THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT IS OR MAY BE INFRINGING OF ANY THIRD PARTY RIGHTS AT ANYTIME, WITHOUT REFUND OR PRIOR NOTICE TO YOU. YOU AGREE THAT WE MAY TERMINATE YOUR ACCESS AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
If you believe our Site contains content that infringes upon your rights, please notify us immediately. We respect the intellectual property of others, and we ask that our users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, and you wish for the content to be removed, please provide our Copyright Agent with the following information:
- (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- (b) A description of the copyrighted work that you claim has been infringed;
- (c) A description of where the material that you claim is infringing is located on the Site;
- (d) Your address, telephone number, and e-mail address;
- (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- (f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the site can be reached as follows:
By mail:
8MV, LLC
DMCA Counter Notification
10335 8 Mile Rd
Detroit, MI 48221
e-mail:
DMCA [at] labeledmajor (dot) com
Counter Filing
Pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, we may reinstate content if we receive a counter notification by the provider of the affected content.
If you are the content provider, and you feel you must submit a counter notification regarding content that has been removed from our site, you must submit — in writing — a counter notification that must include the following:
- (1) Identify the specific url related to the content that 8MV, LLC removed or disabled access to;
- (2) Provide your name, address, telephone number, email address. Also provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your addres is located (or Berks County, Pennsylvania if your address is outside of the United States of America), and that you will accept service of process from the person, entity or agent of the preceeding that provided the notification under Section 16;
- (3) Include the statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the exact material identified by the complainant has been removed or disabled at the URL identified and will be no longer shown”;
- (4) Sign the notice;
- (5) Mail the notice to:
8MV, LLC
DMCA Counter Notification
10335 8 Mile Rd
Detroit, MI 48221
Please note that you will be liable for any damages (which include costs and attorney fees) if you materially represent that your content and or activity is not infringing the copyrights of others. If you are not sure if your content and or activity infringes on the copyrights of others, we advise you to consult with an attorney.
You may find a sample counter claim form here: EFF.org
Use of the 8MV, LLC Technology
Subject to the terms and conditions set forth herein and any third party restrictions, 8MV, LLC grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the 8MV, LLC Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by 8MV, LLC for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the 8MV, LLC Technology; provided you retain all 8MV, LLC copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by 8MV, LLC and 8MV, LLC disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the 8MV, LLC Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the 8MV, LLC Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the 8MV, LLC Technology, or any part thereof, including, but not limited to, using any part of the 8MV, LLC Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the 8MV, LLC Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of 8MV, LLC, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use 8MV, LLC Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using 8MV, LLC Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the 8MV, LLC Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the 8MV, LLC Technology or servers or networks connected to the 8MV, LLC Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the 8MV, LLC Technology (including, but not limited, to the Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users. 8MV, LLC reserves the right to refuse service to anyone, for any reason, at any time. You agree not to access the 8MV, LLC Technology by any means other than through the means that is provided by 8MV, LLC for use in accessing the 8MV, LLC Technology.
By posting information or other materials on the Website or within the 8MV, LLC Technology or by making such information available for downloading by you, 8MV, LLC does not waive any proprietary right in and to the 8MV, LLC Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the 8MV, LLC Technology except for the limited license expressly granted herein.
Submissions
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to 8MV, LLC through the 8MV, LLC Technology (each, a “Submission”) shall remain your sole and exclusive property (except to the extent that any aspect of your Submission is in the public domain or otherwise not protectable under intellectual property law) , and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to 8MV, LLC, you hereby grant 8MV, LLC and its successors and assigns a worldwide, perpetual, non-exclusive license to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the 8MV, LLC Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the 8MV, LLC on the Website and/or in this Agreement.
Any Submission you provide to 8MV, LLC will be deemed public information and not subject to any confidentiality obligation and 8MV, LLC shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, 8MV, LLC’ Privacy Policy shall govern 8MV, LLC’ use of such information.
By making a Submission, you waive the right to make any claim against 8MV, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders (“Affiliates”) related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that any and all of your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, (e ) shall not violate this Agreement or the 8MV, LLC Privacy Policy, (f) shall not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person (for example, through the use of similar email address, nicknames, or the creation of false account(s) or any other method or device), (g) shall not be obscene or contain child pornography or any actual sexually explicit conduct, (h) shall not contain or transmit any code of a destructive nature that may damage, interfere with, intercept, or expropriate any system, data, or personal information, (i) link, reference, or contain descriptions of, directly or indirectly, content that is prohibited under this Agreement and the Privacy Policy, or any other policy-related documents made available by 8MV, LLC, and (j) shall not create any liability for 8MV, LLC or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the 8MV, LLC Technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize 8MV, LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
Participation Disclaimer
8MV, LLC does not review all Submissions posted to or created by users accessing the 8MV, LLC Technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the 8MV, LLC Technology (including, but not limited to, the Website), 8MV, LLC is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the Submissions or other content of any users’ activities. 8MV, LLC and its Affiliates do not undertake or assume any duty to monitor the Website for inappropriate content. 8MV, LLC and its Affiliates assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Accordingly, you understand that when using the 8MV, LLC Technology (including, but not limited to, the Website), you will be exposed to content (including, but not limited to, Submissions) from a variety of sources, and that 8MV, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 8MV, LLC with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless 8MV, LLC and its Affiliates to the fullest extent allowed by law regarding all matters related to your use of the 8MV, LLC Technology. 8MV, LLC reserves the right to, without prior notice and in its sole discretion, block, disable or remove (as applicable) communications, postings or materials that it determines to be (a) abusive, defamatory, offensive or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) unacceptable and/or in violation of this Agreement or the 8MV, LLC Privacy Policy for any other reason in its sole discretion. You understand and acknowledge that the blocking, disabling, or removal of such communications, postings, or materials may result in the interruption or cancellation of previous processed orders involving your Submissions.
Trademarks
Any and all trademarks displayed within the 8MV, LLC Technology are owned by 8MV, LLC, its licensors or its affiliates, or are the property of third parties (in which case 8MV, LLC makes no claim of ownership rights therein).
Confidentiality
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of 8MV, LLC. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to 8MV, LLC or its licensors, including, but not limited to, all parts of the 8MV, LLC Technology and any other materials or information related to the business or activities of 8MV, LLC that are not generally known to others engaged in similar businesses or activities.
Warranty Disclaimer
YOU ACCESS AND USE THE 8MV, LLC TECHNOLOGY AT YOUR SOLE RISK. THE 8MV, LLC TECHNOLOGY IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 8MV, LLC AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, 8MV, LLC AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DO NOT REPRESENT OR WARRANT THAT (A) THE 8MV, LLC TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE DEFECTS IN THE 8MV, LLC TECHNOLOGY WILL BE CORRECTED, (C) THE 8MV, LLC TECHNOLOGY OR THE SERVERS THAT OPERATE THE 8MV, LLC TECHNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE DATA, RESULTS AND INFORMATION WITHIN THE 8MV, LLC TECHNOLOGY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR OTHERWISE; AND (E) THE 8MV, LLC TECHNOLOGY WILL MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS.
8MV, LLC may make changes to the content within the 8MV, LLC Technology or to the products or services described in it, at any time without notice to you. Further, 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the 8MV, LLC Technology. The materials in the 8MV, LLC Technology may be out of date or inaccurate, and 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the 8MV, LLC Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.
You acknowledge and agree that 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by 8MV, LLC. You acknowledge and agree that 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the 8MV, LLC Technology provided by any other user of the Website or any third party licensors or suppliers of 8MV, LLC.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for the minimum duration required under applicable state law (if any) after the date on which you first access the 8MV, LLC Technology, and no warranties shall apply after such period.
Limitation of Liability
NEITHER 8MV, LLC, ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE 8MV, LLC TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE 8MV, LLC TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE 8MV, LLC TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE 8MV, LLC TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE 8MV, LLC TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE 8MV, LLC TECHNOLOGY WHETHER OR NOT 8MV, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL 8MV, LLC’ AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO 8MV, LLC FOR ACCESS AND USE OF THE 8MV, LLC TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE 8MV, LLC TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00). YOU SPECIFICALLY ACKNOWLEDGE THAT 8MV, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the 8MV, LLC Technology
You shall be responsible for obtaining access to the 8MV, LLC Technology and for all equipment necessary to access the 8MV, LLC Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the 8MV, LLC Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the 8MV, LLC Technology and to select a unique username and password in order to be able to access your account and use any of the 8MV, LLC Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify 8MV, LLC in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to support@labeledmajor.com.
Security
The 8MV, LLC Technology resides on the public internet. 8MV, LLC uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to 8MV, LLC and information stored on servers controlled by 8MV, LLC. Notwithstanding these efforts, 8MV, LLC cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the 8MV, LLC Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the 8MV, LLC Technology, overloading, “flooding,” “mailbombing” or “crashing” the 8MV, LLC Technology. Violations of system or network security may result in civil or criminal liability. 8MV, LLC reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Indemnification
You agree to indemnify, defend, and hold harmless 8MV, LLC, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the 8MV, LLC Technology; and (d) any use of your Submission by 8MV, LLC or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the 8MV, LLC Technology.
Termination
You agree that 8MV, LLC, at its sole discretion, may terminate or suspend your access to and use of the 8MV, LLC Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if 8MV, LLC believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. 8MV, LLC reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the 8MV, LLC Technology (or any part thereof) without notice. You agree that 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the 8MV, LLC Technology. Your obligations under this Agreement shall continue even after 8MV, LLC has terminated and/or cancelled this Agreement or your access to the 8MV, LLC Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to 8MV, LLC for use of your Submission.
Resale Prohibited
Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, 8MV, LLC reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications
The 8MV, LLC Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the 8MV, LLC Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the 8MV, LLC Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content
The Website is intended for residents of the United States and is operated in the State of Michigan, United States of America. 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the 8MV, LLC Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the 8MV, LLC Technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the 8MV, LLC Technology, you may not view or use the 8MV, LLC Technology.
Privacy Policy
We realize that you are concerned about how the information you provide online will be used. 8MV, LLC has a Privacy Policy that discloses what information 8MV, LLC collects about you, how 8MV, LLC uses such information, the steps 8MV, LLC takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on the Website and is incorporated herein by this reference. Please read our Privacy Policy for more details.
Jurisdiction
This Agreement shall be governed and construed in all respects by the laws of the State of Michigan, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the 8MV, LLC Technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over 8MV, LLC or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Michigan. You agree to submit to the exclusive jurisdiction of the courts of the State of Michigan for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
This Agreement governs your use and access to the 8MV, LLC Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with 8MV, LLC. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the 8MV, LLC Technology, conflicts with any provision of your other agreements with 8MV, LLC, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (unless otherwise expressly provided in such other agreement).
Links to Other Web Sites
The 8MV, LLC Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of 8MV, LLC). 8MV, LLC has no control over and is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by 8MV, LLC. 8MV, LLC has no ability to censor or edit the content of any Third Party Sites. 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby disclaim any and all liability arising from your use of or access to any of the Third Party Sites, including but not limited to, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is 8MV, LLC or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of 8MV, LLC and Third Party Sites may provide less security than 8MV, LLC. Without limiting the foregoing, the 8MV, LLC Technology may contain offers from 8MV, LLC for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the 8MV, LLC Technology, including, but not limited to, price, color, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the 8MV, LLC Technology and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site. 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible or liable for any such differences or discrepancies.
Revisions and Consents
8MV, LLC reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. 8MV, LLC also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the 8MV, LLC Technology (including, but not limited to, on the Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using the 8MV, LLC Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
Entire Agreement
This Agreement constitutes the entire agreement between you and 8MV, LLC with respect to the subject matter addressed herein, and governs your access to and use of the 8MV, LLC Technology, superseding any prior agreements between you and 8MV, LLC relating to such subject matter, but this Agreement may be supplemented by any other legally enforceable agreement you enter into with 8MV, LLC pursuant to your enrollment and/or participation in other features of the 8MV, LLC Technology.
Electronic Delivery Policy and Your Consent
By using the 8MV, LLC Technology, you consent to receive from 8MV, LLC all communications including notices, agreements, legally required disclosures or other information in connection with the 8MV, LLC Technology (collectively, “Contract Notices”) electronically. 8MV, LLC may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the 8MV, LLC Technology.
General Provisions
Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
8MV, LLC’ or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. 8MV, LLC and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of 8MV, LLC. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
8MV, LLC General Contest Terms and Conditions
- By entering the Contest, you agree to the Contest Terms and Conditions listed below.
- The Contest is open to all legal residents of the U.S. and the District of Columbia who are 18 or older and have internet access. (Entrant).
- A total of four prizes will be awarded in the course of the contest. All entries will be judged by a panel composed of members of the Sponsor, based on the following judging criteria: (1) creativity and uniqueness of the photo – 50% (2) quality of the photo – 50% in the Sponsor’s sole discretion. In the event of a tie, tied entries will be re-judged based solely on creativity and uniqueness of the photo. Decisions of the Sponsor are final and binding.
- Inappropriate, obscene, threatening, dangerous, or abusive content is not permitted, and any such entries will be disqualified. No spam or unlawful content is permitted.
- When you submit any content, including any photographs, videos, text, graphics, music, sound, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), you (1) represent that you have obtained all necessary copyright, licenses, consents, waivers, releases, authorizations and/or permissions for the use of the Content; and (2) grant 8MV, LLC an irrevocable, worldwide, fully assignable, royalty-free right and license to reproduce, modify, distribute, transmit, and display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology known or unknown, on any medium, public or private. By submitting Content, you acknowledge and accept this entire agreement.
- The Contest is free of charge, and the entrant may submit an unlimited number of entries, as long as each entry is different.
- If you are awarded a prize and are unable to claim your prize, another winner will be selected. The giveaways are non-transferable and cannot be redeemed for cash.
- The entrant agrees to all 8MV, LLC general website terms and conditions listed here.
- The entrant agrees to all Instagram terms and conditions listed here.
- RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- By accepting a Prize, the Prize Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. Each prize winner will be asked to Direct Message @8MV, LLC on Instagram with a valid email address within seven (7) days of the prize announcement on Instagram. The potential Prize Winners will each be notified by home-delivered mail, phone, and/or email, and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. The Prize Winners will be responsible for all local, state, and federal taxes associated with the receipt of their prize. The Prize Winners must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of each Winner for the value of their prize and the Winners are solely responsible for all matters relating to the prize after it is awarded. If a prize or prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached via phone within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person will be disqualified and an alternate Winner may be selected for the prize at issue.
- By accepting a Prize, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.