Showwcase Terms of Use

Last updated: 15th March, 2021

Showcase Creators Inc. (“we”, “us” and/or “our”) owns and operates Showwcase (“Site”). The rules and regulations in these Terms of Use oversee your use of Showwcase’s tools, products and services (“Showwcase”). Any questions or feedback related to these Terms of Use or our tools, products and services can be directed to legal@showwcase.com.

Your use of the Site, whether as a content creator, consumer (including a paying or non-paying subscriber) or otherwise, is subject to these Terms of Use. By using the Site, you accept and agree to be bound by these Terms of Use which includes everything in this document, as well as those in the Privacy Policy, Content Guidelines, Creator Agreement, CCPA Policy, Repeat Infringer Policy, Community Guidelines and Copyright Dispute Policy (collectively, “Other Policies”). Please note that these Terms and Conditions are subject to changes and updates from time to time, at the sole and absolute discretion of Showwcase without prior notice to you, and will remain in effect while you use the Site. It is your responsibility to check these Terms of Use periodically for any changes and updates. You can determine when we last changed and updated these Terms of Use by referring to the “LAST UPDATED” statement above. Your continued use of the Site constitutes your acceptance of and agreement to be bound by the current Terms of Use and Other Policies which include changes that may be made from time to time. Should you disagree with these Terms of Use, please discontinue your access and/or use the Site in any form.

Your access to or use of the Site shall be at your own initiative and risk and in so doing, you are solely responsible for the compliance with all the applicable laws. By using this Site, you represent and warrant that you are of permitted legal age to be bound by these Terms of Use under the applicable laws (or otherwise have received approval from your parent/guardian to do so and that your parent/guardian agrees to these Terms of Use on your behalf). If you are using this Site on behalf of an organization or entity, you represent and warrant that said organization or entity has authorized you to agree to and be bound by these Terms of Use (in which case, the references to “you” and “your” in this document refer to said organization or entity). You are solely responsible for all access to the Site using your internet connection and any use of the Site from or under your registered account and email verification, even if the access or use is by another person. 

Registering for an Account
  1. In order to access and use certain features of the Site, you may be required to register for an account with us. If you choose to register for an account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. 
     

  2. Choosing a Showwcase account name that you do not have the right to use is not allowed. You also may not use another person’s name to falsely pose as that person. We reserve the right to disallow registration of or terminate or reclaim a Showwcase account name at our sole and absolute discretion.
     

  3. You acknowledge that you will use the Site for your own personal or organizational use, and not on behalf of or for the benefit of any third party. Your account may not be reassigned to another individual or organization without our prior written approval. Registration data and certain other information about you are governed by our Privacy Policy [https://about.showwcase.com/pp].
     

  4. Your account is safeguarded by email verification. You are responsible for maintaining the security and integrity of your email account as well as the security and confidentiality of the verification code sent to your email address whenever you sign in to your account with us. In the event that you change or deactivate your email account, you should promptly update your Showwcase account information. We shall not be liable for any loss or damage arising from your failure to comply with this sub-section.

Creating and Uploading of Content​
  1. Content that you publish, post, upload, share, and store (provided it is original) on this Site is owned by you and covered by copyright and other relevant intellectual property laws (“Post”). This content includes, but is not limited to, microblogging messages, blogs, articles, newsletters, comments, chats, any other text, information or photos that you upload to the Site. It also encompasses any details provided by you in your registration form for an account as well as any comments posted on any current or future discussion board features on the Site. 
     

  2. You are responsible for any Post you provide, make or contribute on the Site, including compliance with the applicable laws and any intellectual property right of third parties. You should only provide content that you are comfortable sharing with others. You agree to indemnify and release us, our subsidiaries, affiliates, officers, employees, agents, representatives and successors from any damage or loss that other users of the Site or any third party might suffer in connection with your Posts.
     

  3. Posts are subject to the following rules:
     

    • You shall not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or exploit for any intent content that is not owned by you unless you have received prior approval from the originator of the content. Your Posts shall not infringe on another individual’s or organization’s legal rights.
       

    • You shall permit us and our subsidiaries or affiliates a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, develop and update our products and services, and to research and develop new features and use on the Site. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. 
       

    • You shall permit us and our subsidiaries or affiliates a license to display, perform, and distribute your Post if you share a Post with other users on the Site who are then also permitted a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of the Site.
       

    • You agree that the licenses you grant to us and our subsidiaries or affiliates are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in your Posts is not affected.
       

  4. We reserve the right to remove, disable access to, or limit distribution or visibility of, any content or Posts from the Site at any time, for any reason which we may deem necessary and appropriate (including, but not limited to, if someone alleges you provided, made or contributed that content in violation of these Terms of Use or any laws and regulations), at our sole and absolute discretion with or without notice.
     

Intellectual Property and Reporting Infringement
  1. You agree to comply with copyright notices, trademark rules, any relevant intellectual property laws, and other notification of restrictions you may receive from us or that are posted on the Site. We reserve the right to delete or disable content or Posts which are alleged to be contravening the intellectual property rights of other individuals or organizations, and to terminate the accounts of alleged repeat infringers, at our sole and absolute discretion with or without notice. 
     

  2. If you would like to understand how to report possible infringing content, you may read our Copyright Dispute Policy here [ https://about.showwcase.com/dispute].  If you would like to understand how we manage these reports, you may read about the Digital Millennium Copyright Act here [https://www.copyright.gov/dmca/].
     

  3. Showwcase (i.e. the Site including its text, pictures, videos, look and feel, and content (with the exception of contributed content by the users)) is solely and absolutely owned by Showcase Creators Inc., and these Terms of Use do not grant you any right, title or interest in Showwcase, or our trademarks, logos, and other relevant intellectual property.
     

General Practices Regarding Acceptable Use Policy
  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 Post or content to the Site in a manner that:
     

    • is fraudulent or threatening, or in any way violates our Content Guidelines [https://about.showwcase.com/guidelines ];
       

    • compromises the security of your Showwcase account or anyone else’s (such as permitting another individual to log into the Site as you, or sharing your account with us, email account or verification code with another individual);
       

    • attempts, in any manner, to obtain the verification code, account, or other security information of any other user;
       

    • violates the security of any computer network, or cracks any verification code or security encryption codes;
       

    • transmit or otherwise make available in connection with the Site any virus, worm, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment;
       

    • runs Maillist, Listserv, any form of auto-responder or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interferes with the proper working of the Site or the services or networks used to make the Site available (including placing an unreasonable load on the Site’s infrastructure);
       

    • “crawls,” “scrapes,” or “spiders” any page, data, or portion of the Site (through use of manual or automated means);
       

    • copies, stores or otherwise exploits for any commercial purposes any part of the content on the Site that belongs to us without our prior written consent; and
       

    • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site.

Other Users and Third-Parties

 

  1. Posts posted to the Site are the sole responsibility of the individual or organization from whom such content originated. You acknowledge that you are accessing, using or relying on all such content at your own risk. You acknowledge that by using the Site, you may be exposed to content that might be offensive, harmful, deceptive, inaccurate, misleading or otherwise inappropriate. We are not in any way responsible or liable for any errors, omissions or inappropriateness in any Post and you agree to indemnify and release us, our subsidiaries, affiliates, officers, employees, agents, representatives and successors from any damage or loss you might suffer or cause to any third party in connection with such Posts.
     
  2. Any communication, agreement, understanding, bargains or negotiations between you and organizations and individuals found on or through the Site, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. We do not guarantee or assume any responsibility for the fulfilment of any promises, undertakings, warranties, representations or obligations given by you and such organisations or individuals to each other in connection with such dealings. You agree that Showwcase shall not be responsible or liable for any loss or damage of any sort incurred as a result of or in connection with any 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 of a dispute between you and such organisations or individuals, we may at your written request assist you to reach out to such organisations or individuals but no responsibility of any kind is taken or assumed by us by agreeing to do so.
     
  3. The Site may contain links or connections to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, security, privacy policies, or practices of or opinions expressed in any third-party websites. Your use of third party websites or services is at your own risk. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of or in connection with your use of any third-party website or service.
     
  4. In the event that you have a dispute with one or more other users of the Site or with a third party, you indemnify us, our subsidiaries, affiliates, officers, employees, agents, representatives and successors from 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. 

 

Cancelling your Account

 

  1. 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. 
     
  2. You are permitted to delete your account at any time. When you delete your account, any Posts associated with that account will also be deleted. However, any Posts that you have made public may remain available. 
     
  3. 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 Posts 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. 
     
  4. If you have deleted your account by mistake, email us at [team@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.
     
  5. You acknowledge that some of the obligations in these Terms of Use will be in force even after you delete or suspend your account. All of the following terms will survive the termination or suspension of your account or the Site: 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.

 

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 [legal@showwcase.com].

 

Revisions to the Site

 

  1. Our tools, products and services may change from time to time as we continue to improve the Site. We may suspend or discontinue any part of the Site, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Site with or without notice to you.

 

Breach of the Terms of Use

 

  1. Failure to follow any of these Terms of Use shall constitute a breach which may result in immediate termination or suspension of your account, without prejudice to our right to take any other actions which we may deem necessary or appropriate at our sole and absolute discretion. We reserve the sole and absolute right to decide if you are in violation of any of the restrictions set forth in these Terms of Use. 

Other Terms of Use

 

  1. Other Terms of Use that is regulated for access and use of the Site is as follows:
    • The Site is offered to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of the Site will be uninterrupted or error-free. 
       
    • We do not assume responsibility to or make any representations or warranties about any content contained in or accessed through the Site, and we shall not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our tools, products and services. 
       
    • We do not make any representations or warranties regarding suggestions or recommendations of tools, products or services offered or purchased through the Site. Tools, products and services purchased or offered through the Site, are provided “as-is” and “as available” and without any warranty of any kind from Showwcase. 
       
    • Limitation of Liability: To the fullest extent allowed by applicable law, Showwcase, its licensors, or its suppliers shall not be liable to you or to any other person for any indirect, special, incidental, or consequential or punitive damages of any kind, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: 
      • your access to or use of or inability to access or use our tools, products and services; 
      • any conduct or content of any third party on the Site, including without limitation, any defamatory, offensive or illegal conduct of any third party on the Site; or
      • unauthorized access, use, alteration or removal of your transmissions or content on the Site.
         
    • In no event shall the aggregate liability of Showwcase, its licensors, or its suppliers exceed the greater of (1) US$100 or (2) the amount paid and/or payable by you to Showwcase in the past [ twelve ] months for the services giving rise to the applicable claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
       
    • To the fullest extent allowed by applicable law, you agree to indemnify and hold Showwcase, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to:
      • your use of the Site (including any actions taken by a third party using your account); and 
      • your violation of these Terms of Use.  
         
    • In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure or delay to deliver such notice shall not eliminate, waive or reduce your indemnification obligations hereunder).
       
    • You may not assign, delegate or transfer your rights or obligations hereunder, or your Showwcase account, in any way (by operation of law or otherwise) without our prior written consent.  We may transfer, assign, or delegate these Terms of Use and our rights and obligations without prior written consent or notice to you.
       
    • These Terms of Use are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflict of laws provisions thereof.
       
    • Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Showwcase shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.  For all purposes of these Terms of Use, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys’ fees. To the fullest extent permitted by law, you and Showcase Creators Inc. agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim.
       
    • We agree there are no third-party beneficiaries intended under these Terms of Use.
       
    • You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Showcase Creators Inc., and you do not have any authority of any kind to bind us in any respect whatsoever. 
       
    • Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of such rights.
       
    • If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
       
    • You agree that these Terms of Use are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use.