Showwcase Creator Agreement

Last updated: 15th March, 2021

This Creator Agreement (“Agreement”) is a binding contract between you as a Content Creator and Showcase Creators Inc. (“we”, “us” and/or “our”). The rules and restrictions in this Agreement govern your use of Showwcase’s content, tools, products and services ( “Showwcase”) to distribute or publish all or any part of your content, newsletters, blogs, microblogging messages, articles, photos, videos, comments, chats, and any other text or information (“Content”). If you use Showwcase for this purpose, you are a Content Creator and people that subscribe to your Content are referred to in this Agreement as Followers.

Your use of the Site is subject to the Terms of Use [https://about.showwcase.com/pp], which incorporates this Agreement. Any terms that are used in this document without defining them have the same definitions given to them in the Terms of Use.

We reserve the right to revise this Agreement from time to time at our sole and absolute discretion with or without notice. Any questions or feedback related to this Agreement or our content, tools, products and services can be directed to legal@showwcase.com.

Ownership of Content

  1. You own what you create. Any original Content that you publish, post, upload, share, store, or otherwise provide on the Site is owned by you and covered by copyright and other relevant intellectual property laws.

  2. By publishing, posting, uploading, sharing, storing or otherwise providing Content on the Site, you grant us and our subsidiaries or affiliates a license to:

    • market, distribute and use your Content and to permit others to use, access, and download your Content through Showwcase;

    • use your tradename(s), trademark(s), logo(s) and other relevant intellectual property rights in connection with the distribution, marketing and use of your Content; and

    • translate, modify, reproduce, adapt and otherwise act with respect to your Content to enable us to provide, improve, develop and update our products and services, and to research and develop new features and use on the Sit

  3. You agree that the licenses that you grant to us and our subsidiaries or affiliates are royalty-free, perpetual, irrevocable and worldwide. Please be assured that this is a limited license to allow us to promote, distribute, market and use your Content and to enable us to operate Showwcase - your ownership in your Content is not affected.

Subscription Payments

  1. You may offer your Content for free, or for a subscription fee, to be determined at your discretion, provided that the charge of such subscription fee does not infringe any intellectual property rights of third parties or any applicable laws. You may set and change the prices for your Content at your discretion through your account with us but no price changes will apply retroactively.

  2. If you choose to charge a subscription fee for your Content, you agree to the following:

    • You shall process subscription payments from Followers only in the manner determined by us from time to time. This includes, without limitation, using the third-party payment processing platform we choose (“Payment Processor”) to process such payments. You shall not circumvent your payment obligations to us by soliciting payments from a Follower outside Showwcase or by using any alternative method that is not permitted by us to collect subscription payments. If you receive any such offer or solicitation to circumvent your payment obligations to us, you shall notify us immediately by contacting payment@showwcase.com.

    • You agree to pay us a percentage of the total amount charged by you to Followers for your Content (“Revenue Share”). The Revenue Share percentage is set between you and Showwcase during the registration of your account with us.

    • You agree that the Payment Processor will pay the Revenue Share due and payable to us on a rolling basis as you process subscription payments from Followers. You further agree that all Revenue Share payments are non-refundable.

    • You are solely responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your Content. You shall also bear any charges imposed by the Payment Processor.

    • You will provide and maintain true, accurate, current and complete information about yourself and your Content reasonably requested by us, including without limitation to all payment and tax identification information. You shall also provide us with a current email address to which we may direct inquiries from Followers and other Showwcase users regarding your Content.

Relationships with Followers and Other Showwcase Users

  1. You agree to the following rules around your relationships with Followers and other Showwcase users:

    • You are solely responsible for, your Content, all your activities on the Site and your relationships with your Followers and other Showwcase users. You acknowledge that we are solely to assist you in facilitating marketing, distribution and use of your Content on Showwcase.

    • Any communication, agreement, understanding, bargains or negotiations between you and your Followers or other Showwcase users found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Followers or Showwcase users. We do not guarantee or assume any responsibility for the fulfilment of any promises, undertakings, warranties, representations or obligations given by you and such Followers or Showwcase users to each other in connection with such dealings. We do not guarantee the identity of any users with access to the Site and are not responsible for which users gain access to our tools, products and services.

    • In the event that you have a dispute of whatsoever nature with one or more Followers or other Showwcase users or with a third party, you indemnify us, our subsidiaries, affiliates, officers, employees, agents, representatives and successors from any and all claims, demands, actions, proceedings, suits, liabilities, costs, expenses, losses and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Site. We may at your written request assist you to reach out to a particular Follower or Showwcase user but no responsibility of any kind is taken or assumed by us by agreeing to do so.

    • You may at any time delete, remove, stop publishing or otherwise restrict access to any of your Content on the Site at your discretion. However, you shall be solely responsible for the consequences of doing so, including without limitation to forfeiture of any Revenue Share paid to us and any refund obligations of you to your Followers as a result of or in connection with your such actions. We are under no obligation to issue any refunds to you or your Followers and we are entitled to keep any and all portions of any Revenue Share you have paid to us.

Acceptable Use

  1. We are not responsible for you using the Site in any way that breaches the law. You agree that you are solely responsible for all your activity and shall conduct such activity in a manner that complies with the law. If your use of the Site is prohibited by applicable laws, you are not authorized to continue accessing or using the Site.

  2. You further agree that you will not contribute any Content to the Site in a manner that is in breach of our Terms of Use [https://about.showwcase.com/tos] or Content Guidelines [https://about.showwcase.com/guidelines].

Privacy

  1. We view and treat your privacy very seriously. In the course of you using this Site, we may collect and use information about you in accordance with our Privacy Policy. To review our most recent Privacy Policy, please click here [https://about.showwcase.com/pp].

  2. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register on the Site or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at team@showwcase.com.

  3. If you store any personal or sensitive information provided by or collected from your Followers and other Showwcase users, you shall do so securely and only for as long as it is needed. You are solely responsible for complying with any applicable laws and regulations in relation to the collection, retention, disclosure, processing or use of such information collected or received by you from your Followers and other Showwcase users. You agree that you shall indemnify us, our subsidiaries, affiliates, officers, employees, agents, representatives and successors from any and all claims, demands, actions, proceedings, suits, liabilities, costs, expenses, losses and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to any theft, misuse, modification, unauthorised or accidental access or disclosure, alteration or destruction of personal data of any third party by you.

Terminating Your Account

  1. We may terminate this Agreement at any time, for any reason which we may deem necessary and appropriate at our sole and absolute discretion. Upon the termination of this Agreement, your right to use Showwcase shall immediately cease.

  2. We reserve the right to terminate your account, reclaim usernames or otherwise limit/suspend access to your use of the Site or your account, for any reason which we may deem necessary and appropriate at our sole and absolute discretion with or without notice to you.

  3. We may disable, delete or hide any of your Content, halt marketing or distribution of your Content or impose other restrictions (including but not limited to account suspension or termination) at our sole and absolute discretion, if we conclude that the Content has contravened this Agreement, our Terms of Use [https://about.showwcase.com/tos] or our Content Guidelines [https://about.showwcase.com/guidelines].

  4. You may terminate this Agreement at any time by deleting your account with us. When you delete your account, any Content associated with that account will also be deleted. However, please note that any Content that you have made public may remain available.

  5. You acknowledge and agree that it may not be possible to completely delete your content from the Site’s records or backups, and that your Content may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy [https://about.showwcase.com/pp] to understand how we treat information you provide to us after you have stopped using the Site.

  6. If you have deleted your account by mistake, email us atteam@showwcase.com. We will try to help, but unfortunately, we cannot guarantee that we can recover or restore any or all information associated with that account.

  7. You acknowledge that some of the obligations in this Agreement will be in force even after the termination of this Agreement. All of the following terms will survive the termination of this Agreement: any representations and warranties you make to us, any obligation you have to pay or indemnify us, any of our disclaimer of warranty, any limitations on our liability, any terms regarding ownership or intellectual property rights, any terms regarding data privacy, any terms regarding disputes between us, and any other terms that, by their nature, shall survive termination of these Terms of Use.

Miscellaneous Terms

  1. All the terms under the section “Other Terms of Use” of the Terms of Use [https://about.showwcase.com/tos] shall apply to this Agreement mutatis mutandis.

Want to get in touch? Tag us @ShowwcaseHQ on Showwcase, or email team@showwcase.com

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