WeAre8 Australia Pty Ltd
Terms of Use AU 
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‍ALL USERS

The following clauses 2 – 10 (inclusive) apply to all users, including verified creators. Clauses 11 – 15 (inclusive) are additional terms that apply to verified creators only.

1. 2. GENERAL INFORMATION ABOUT PAID BRAND VIDEOS
   

1. 2.1 If you would like to receive Paid Brand Videos you  need to complete full onboarding so that you become an 8Citizen.
   

1. 2.2 To become an 8Citizen, you should head to your profile within the WeAre8app which you can download here.
2. 2.3 Once you have become an 8Citizen, we will notify you via push notifications, emails, and/or other means when a new Paid Brand Video is available.
3. 2.4 You can choose to watch each Paid Brand Video and if you choose not to watch a particular Paid Brand Video, you have an option to decline it.
4. 2.5 Brands have full discretion over the targeting for their Paid Brand Videos and they can choose to block their Paid Brand Videos from your profile based on any criteria they choose. They may also withdraw the Paid Brand Video at any time, in their sole discretion.
5. 2.6 If you find the content of the Paid Brand video unsuitable – please feel free to let us know at feedback@weare8.com.
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1. 3. YOUR USE OF THE WeAre8 APP
   

1. 3.1  The WeAre8 App is made available free of charge. We do not guarantee that the WeAre8 App, or any content on it, will always be available or be interruption free. We may suspend or withdraw or restrict the availability of all or any part of the WeAre8 App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2. 3.2  You are also responsible for ensuring that all persons who access the WeAre8 App through your internet connection are aware of the Terms and other applicable terms and conditions,and that they comply with them.
3. 3.3  Although we make reasonable efforts to update the information on the WeAre8 App, we make no representations, to the extent permitted by law, warranties or guarantees, whether express orimplied, that the content on the WeAre8 App is accurate, complete or up todate.Ifyou notice information that you think is inaccurate – please let us know at feedback@weare8.com and we will investigate.
4. 3.4  Where the WeAre8 App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
5. 3.5  The WeAre8 App includes information and materials uploaded by other users. The views expressed by other users on the WeAre8 App do not represent our views or values.
6. 3.6  We do not guarantee that the WeAre8 App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the WeAre8 App. You should use your own virus protection software.
7. 3.7  While we try to ensure that all the content you see on our Platform is moderated, we accept no responsibility or liability for any content that you may deem to be unsuitable or inappropriate.

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1. 4. YOUR ACCOUNT DETAILS 
   

1. 4.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
   

1. 4.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
   

1. 4.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at the contact details found above.

1. 5. TRACKING OF DATA AND CONFIDENTIALITY
   

1. 5.1 You will be given the opportunity to link your social media accounts such as Facebook, Twitter,  YouTube, Instagram and TikTok. If you choose to do this, we may see various information associated with your social accounts on listed networks including but not limited to your profile’s posts, available inventory (meaning the details of the types of content you have posted on social networks) and data related to your profile and your audience, such as your number of followers, the demographics of your audience and the geographic locations of you and your followers, your content views and measures of popularity such as the number of engagements and reposts, as well as the performance of content on listed social networks. We may use this data in anonymised format. For more information on how we process your personal data, please see our Privacy Policy.
   

1. 5.2 We may track, record and then resell the data listed above in anonymized format (i.e. that is not personal information or personal identifiable information (PII)) including that associated with how you use the WeAre8 App, including the types of Paid Brand Videos you view, accept, complete. Although we won’t map this data to your name or personal information, it will get mapped to your general demographics so we can track how people interact with the content. For more information on how we process your personal data, please see our Privacy Policy.
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1. 6. PAYMENTS FOR PAID BRAND VIDEOS
   

1. 6.1 Payments will reach your WeAre8 wallet within 30 days after completion of the Paid Brand Video (i.e. once you have watched the full length of the video and answered all questions after it). Where this takes longer, we will use reasonable efforts to communicate the issue to you and fix the problem as soon as we can.  This length of time is to allow WeAre8 adequate time to collect payment from Brands. 
   

1. 6.2 Only individuals located in the Supported Countries will be eligible for Paid Brand Videos and/or Payment. The use of a VPN to sign up to the WeAre8 App outside of the Supported Countries will not enable you to receive Paid Brand Videos or Payment.

1. 7. COLLECTING YOUR PAYMENT
   

1. 7.1 At the present time, you can only receive Payment through your WeAre8 wallet using PayPal . We do not offer alternative payment methods so you must have a PayPal account to receive Payment. The minimum amount that you can request for Payout is communicated during withdrawal.
   

1. 7.2 At the time of disbursement, PayPal’s fee will be deducted from your payout. The PayPal fee can be changed at any time by PayPal without a notice. The PayPal fees for withdrawal are listed in PayPal Payouts section here. Please see PayPal’s terms and conditions for further information. WeAre8 shall not be liable for any changes to your Payment due to changes in PayPal’s fees.
   

1. 7.3 The first time that you select to “redeem” funds from your WeAre8 account, you will be asked to link the PayPal account that you want to use for collection of the Payment. WeAre8 assumes no liability or responsibility for the services associated with your PayPal account and/or your use of PayPal.  You are subject to their terms of use including, but not limited to, PayPal’s own payment terms such as the length of time taken to credit the funds into your account. Note that PayPal may require the verification of additional account information for the disbursement of certain amounts to maintain compliance with financial regulations and tax reporting.
   

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1. 8. COMPETITIONS
   

1. 8.1 We may run competitions on the WeAre8 App from time to time. Specific competition terms will be provided on a case by case basis. The general competition terms are provided below, at clause 8.2. If specific competition terms conflict with these terms of use, the specific competition terms will prevail.
   

1. 8.2 Competition entrants must be 18 years or older. Prizes cannot be exchanged for cash alternative. Entrants must be based in Supported Countries. For more information on how we process your personal data, please see our Privacy Policy.

1. 9. LIABILITY
   

1. 9.1 You agree that you will be responsible for your use of the WeAre8 App and you agree to defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with: (i) these Terms and your access to, use of, or alleged use of the WeAre8 App; (ii) participation in viewing and/or otherwise accessing or using Paid Brand Videos; or (iii) any disputes or issues between you and any Brand in relation to your use of the WeAre8 App and participation in viewing and/or otherwise accessing or using Paid Brand Videos. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defence of such claim.
   

1. 9.2 We reserve the right to withhold any Payment and/or suspend your use of the WeAre8 App where you breach these terms of use.
   

1. 9.3 To the maximum extent permitted by law, we shall not be liable to you for any: a) indirect, incidental, consequential, special, punitive or other similar damages; or b) loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), in each case arising out of or relating in any way to these terms of use, whether based on contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise and whether or not WeAre8 have been advised of the possibility of such damages.

1. 9.4 To the extent not prohibited by law, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with these Terms shall be limited to the amount of Payment received by you over the six months prior to when the claim arose. Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability in any way for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation or resulting from gross negligence or wilful misconduct of us.

1. 10. GENERAL
   

1. 10.1 IF A COURT FINDS PART OF THIS CONTRACT INVALID OR ILLEGAL, THE REST WILL CONTINUE IN FORCE.  Each of the paragraphs of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful (in whole or in part), the court or relevant authority may read down the paragraph to the extent necessary to make it enforceable and the remaining paragraphs (and if relevant the remainder of any paragraph that has been read down) will remain in full force and effect.
   

1. 10.2 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE.  We may transfer our rights and obligations under these Terms to another organisation. We will try let you know if we plan to do this. 
   

1. 10.3 WHO HAS RIGHTS UNDER THIS CONTRACT. No person other than you and us has a right to enforce these Terms.
   

1. 10.4 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.  If we do not insist immediately that you do anything you are required to do under these terms of use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 
   

1. 10.5 NOTICES. We may notify you via e-mail or any other contact information you provide to us. 
   

1. 10.6 GOVERNING LAW AND JURISDICTION. These terms of use, their subject matter and their formation and any dispute arising in relation to any of those matters, are governed by Australia law.  You and we both agree that the courts of New South Wales, Australia will have exclusive jurisdiction. 

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Verified creators

Clauses 11 – 15 (inclusive) are additional terms to those above that apply to verified creators only.

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1. 11. VERIFIED CREATOR STATUS
   

1. 11.1 You may apply to become a verified creator and obtain status as a verified creator (“Verified Creator Status”). To obtain Verified Creator Status, all connected social accounts must be public and have 100+ followers, 15 pieces of content (80% original), and be active for over 6 weeks. Accounts that do not meet these requirements will be ineligible to become verified creators on the WeAre8 App.
2. 11.2 We reserve the right to deny Verified Creator Status to any individual whose social accounts may cause a threat to Brands, as determined by us in our sole discretion. This includes (but is not limited to) accounts which include any content or materials that:
   

1. 11.2.1 violate any intellectual property laws;
   

1. 11.2.2 is defamatory, pornographic, illegal, or offensive in nature;
   

1. 11.2.3 is used to sell illegal property; or 
   

1. 11.2.4 depicts hatred, violence, cruelty, or anything else that could in our reasonable opinion constitute hate speech, infringe the rights of others, or be otherwise considered illegal, immoral, distressing or offensive (including but not limited to abuse, threats, obscenity, defamation, libel, or otherwise promote illegal activities or conduct) or is in our reasonable opinion inappropriate (including but not limited to nudity, bullying, excessive violence, selling firearms, drugs or excessive alcohol, and vulgar speech (verbal and written)).
   

1. 11.3 The application process involves connecting your social network accounts and going through both automatic and manual verification process. You will be notified if you are approved. Any content in relation to your social network accounts must comply with the rules and restrictions as set out in clause 13.2 and 13.3 below.

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1. 12. MODERATION OF THE WEARE8 APP‍
2. Only verified creators with Verified Creator Status can publish content on the WeAre8 App. Published content may be moderated in our sole discretion from time to time. Posts that are in violation of these Terms will be removed, and violators may lose Verified Creator Status, in our sole discretion. Select posts will be approved to appear on the 8Stage. You will receive a notification if your post is selected.

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1. 13. COMPLIANCE WITH LAWS AND POLICIES
   

1. 13.1 We reserve the right to remove any and all content and/or materials you upload onto the WeAre8 App including but not limited to Work Product (as defined at clause 15.4) (“Content”), withhold any outstanding Payment and deactivate or blacklist your account  if you breach any of these terms of use, including the restrictions set out in this clause 13.
   

1. 13.2 You agree that you and any Content will fully comply with applicable laws, rules, regulations, industry guidelines and 8Stage rules as follows:
   

1. 13.2.1 We respect and appreciate art in all its forms and its power to elevate humanity.
   

1. 13.2.3 We created WeAre8 to inspire and mobilize a billion people to take small actions every day to solve the world’s biggest problems, so please use your power to influence others responsibly.
   

1. 13.2.3 There is no hate on WeAre8. We do not tolerate racist, sexist or abusive content.
   

1. 13.2.4 Create videos up to 1 minute, but under 30 seconds works best. You can direct people out to your other channels or your own websites for longer form videos.
   

1. 13.2.5 Always tag and honour any collaborators.
   

1. 13.2.6 Your thoughts, words and actions are powerful. Please be kind and respectful to others. We invite feedback and all your thoughts and ideas - please be open with us and give us time to implement your ideas.
   

1. 13.3 Your Content must not:
   

1. 13.3.1 be misleading, inaccurate, incomplete or in violation of any intellectual property laws;
   

1. 13.3.2 be defamatory, pornographic, illegal, or offensive in nature;
   

1. 13.3.3 in violation of our privacy policy, including through the use of other people’s names and contact information;
   

1. 13.3.4 be used to sell illegal property; or 
   

1. 13.3.5 include any content or materials that depicts hatred, violence, cruelty, or anything else that could in our reasonable opinion constitute hate speech, infringe the rights of others, or be otherwise considered illegal, immoral, distressing or offensive (including but not limited to abuse, threats, obscenity, defamation, libel, or otherwise promote illegal activities or conduct).
   

1. 13.4 You will cooperate with us in removing or modifying any Content that in our opinion breaches these Terms, including that relating to a Brand or its products/services. 

1. 13.5 To the extent that you are not in compliance with these Terms (without limiting any remedies that may be available to us and a Brand in law or equity), you will promptly remove and take down any non-compliant Content, and we may report you to the appropriate legal authorities and/or otherwise exclude you from a specific promotion and/or suspend your use of the WeAre8 App.
   

1. 13.6 We may, in its sole discretion, provide tools and features to reasonably help you to comply with applicable laws from time to time.
   

1. 13.7 You must not create any fake or duplicate profiles. Only one WeAre8 account per individual and only one social account on each platform can be connected per WeAre8 community member. Any individual with more than one WeAre8 profile will have all active accounts flagged and permanently banned from the WeAre8 App.
   

1. 13.8 Connected social accounts must be authentic and original. Fake accounts or accounts with content reposted or stolen from other people may be rejected and Payment denied.
   

1. 13.9 If an image of a child appears in any photos or social posts you upload onto the WeAre8 app, you warrant that you are the legal guardian of the child and have the right to agree to usage rights.

1. 14. PAYMENTS FOR VERIFIED CONTENT CREATORS ‍
2. We may pay you for certain Work Product, in our sole discretion from time to time which may be governed by a separate written agreement between us. Brands may pay you for certain Work Product, in their discretion from time to time which will be governed by a separate agreement between you and the Brand (but subject to clause 15.4 below).

1. 15. ADDITIONAL INFORMATION ABOUT THE RELATIONSHIP BETWEEN YOU, BRANDS AND WEARE8:
   

1. 15.1 You may receive inbound offers from Brands for sponsorship, which you do not have to accept. We do not warrant, promise or guarantee any level of brand sponsorships or pricing. WeAre8 has no control over sponsor activity through the WeAre8 App and we are simply providing individuals the unique opportunity to have access to this advertising market through the WeAre8 App. It is entirely up to you to earn your sponsorships revenue by having great, engaging content, and building your own audience of followers who regularly view your content to demonstrate to Brands that their ads will perform well on your profile. It is also up to you to agree appropriate sponsorship terms with the relevant Brand – WeAre8 is not party to the terms of such an agreement.  
2. 15.2 Except for the payments described in clause 6 above, we do not take any responsibility for agreements reached between individuals and Brands using our services.
   

1. 15.3 You are the owner of the Content you create and publish on the WeAre8 App, to the extent it is not Work Product (which is covered by clause 15.4 below) and you grant us, other users, Brands a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise fully exploit such Content that currently exist and/or may be developed in the future.
   

1. 15.4 In cases where you are getting paid by WeAre8 and/or Brands to create and/or publish content (including publishing on your social media accounts), content that you create shall be considered a “work made for hire” according to copyright law of the country you are in, and such content (“Work Product”) and all intellectual property rights in any Work Product shall be owned exclusively by the Brand and/or WeAre8 (as applicable). In the event any portion of the Work Product is not considered “work made for hire” or as otherwise necessary to ensure full ownership of the Work Product by the Brand and/or WeAre8, you hereby assign to the Brand and/or WeAre8 all right, title and interest in and to such Work Product.  You agree to sign any additional documents that may be reasonably necessary to effect such assignment. You also acknowledge that WeAre8 and the Brands can use your Content and include your name, likeness, social media handle, channel/blog name and similar attributes in any manner that we and/or the Brands determine including, but not limited to, use in any media that accepts advertising, promotional content or communications (such as, but not limited to, digital, print, television or radio). We and/or Brands also have full discretion to “boost” your sponsored content on social media platforms (i.e. to make into advertisements and/or increase visibility).
   

1. 15.5 You agree that you will be responsible for your use of the WeAre8 App and your Content and you agree to defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) these terms of use; (ii) your Content and your access to, use of, or alleged use of the WeAre8 App and participation in sponsorships; (iii) any third party intellectual property right infringement claims in relation to your Content; or (iv) any disputes or issues between you and any third party (including but not limited to any user of the WeAre8 App and Brands) in relation to your use of the WeAre8 App and participation in sponsorships. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defence of such claim.
   

Last updated: August 19, 2022