Last modified on 4/1/23

 

Introduction

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to Showcase (the “Platform”), which is provided by Showcase Ventures, Inc. in the United States (collectively such entities will be referred to as “Showcase”, “we” or “us”).

 

You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Terms of Service apply whether you are a user that registers an account with the Showcase Services or an unregistered user.

 

You agree that by clicking "Sign Up" or otherwise registering, downloading, accessing or using Showcase Services, you are entering into a legally binding agreement between you and Showcase regarding your use of the Showcase Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Showcase Services.

 

Use of Showcase by Minors and Blocked Persons

 

The Showcase Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Showcase Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

 

The Showcase Services are also not available to any users previously removed from the Showcase Services. Finally, the Showcase Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or any other applicable jurisdiction.

 

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SHOWCASE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE SHOWCASE SERVICES.

 

Acceptance and Future Modifications of These Terms of Service

 

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

 

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

 

Your Account

 

In order to open an account, you will be asked to provide us with certain information such as an email address and password.

 

You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Showcase upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

 

Unless expressly permitted in writing by Showcase, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Showcase reserves all available legal rights and remedies to prevent unauthorized use of the Showcase Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

 

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

 

If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Showcase at legal@showcasedaily.com.

 

Third Party Accounts

 

Showcase may permit you to register for and log on to the Showcase Services via certain third party services. If you log on to Showcase’s Services via such third party services (such as a social network), the profile information connected to the account you use to log into the Showcase Services, including your name, may be used by Showcase to provide and support your account. You also acknowledge and agree that Showcase may publish information regarding your use of the Showcase Services to and in connection with any such third party services with which you use in connection with the Showcase Services. The third party’s use of your information will be subject to that service's privacy policy.

 

Use of Devices and Services

 

Access to the Showcase’s Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Showcase Services.

 

Intellectual Property Rights

 

Showcase respects intellectual property rights and asks you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

 

License

 

The Showcase Services are owned and operated by Showcase Ventures, Inc. Unless otherwise indicated, all content, information, and other materials on the Showcase Services, including, without limitation, Showcase's trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Showcase Services are the property of Showcase or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Showcase, by agreeing to these Terms of Service you are granted a limited, revocable, non-sublicensable license to access and use the Showcase Services for your own personal, non-commercial use (i.e. a personal and limited right). Showcase may revoke and/or terminate the foregoing license with respect to any aspect of the Showcase Service at any time, for any or no reason.

 

Showcase reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Showcase Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Showcase Services or the Materials, or any portion of them; (d) copy, store, edit, change, exploit, download or alter in any way any of the content made available through the Showcase Services; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (except page caching) of any portion of the Showcase Services, the Materials, or any information contained in them, except as expressly permitted on the Showcase Services; (g) circumvent any technological measures employed by or on behalf of Showcase to protect the Showcase Services; or (h) any use of the Showcase Services or the Materials except for their intended purposes. Any use of the Showcase Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Showcase, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Showcase can terminate this license at any time, without notice.

 

Communication Preferences and Consent

 

From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, tips and recommendations, special offers, and other account-related or transactional messages. Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Showcase.

 

Prohibited Conduct

 

BY USING THE SHOWCASE SERVICES, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Showcase Services.

 

You agree that you will comply with these Terms of Service and will not:

 

          a.     create, upload, transmit, or distribute, any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

 

          b.     impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Showcase Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content                        of information transmitted via the Showcase Services, or perform any other similar fraudulent activity;

 

          c.     make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Showcase Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial                        advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;

 

          d.     harvest or collect the email addresses or other contact information of other users from the Showcase Services;

 

          e.     defame, harass, abuse, threaten or defraud users of the Showcase Services, or collect, or attempt to collect, personal information about users or third parties without their consent;

 

          f.     remove, circumvent, disable, damage or otherwise interfere with security-related features of the Showcase Services, features that prevent or restrict use or copying of any content accessible through the Showcase Services, features that enforce                     limitations on the use of the Showcase Services or User Content, or delete the copyright or other proprietary rights notices on the Showcase Services;

 

          g.     reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Showcase Services or any part thereof;

 

          h.     modify, adapt, translate or create derivative works based upon the Showcase Services or any part thereof;

 

          i.     interfere with or damage operation of the Showcase Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

 

          j.     relay email from a third party's mail servers without the permission of that third party;

 

          k.     access any website, server, software application, or other computer resource owned, used and/or licensed by Showcase, including but not limited to the Showcase Services, by means of any robot, spider, scraper, crawler or other automated                               means for any purpose, or bypass any measures Showcase may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed Showcase, including but not limited to the                             Showcase Services;

 

          l.     manipulate identifiers in order to disguise the origin of any User Content transmitted through the Showcase Services;

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          m.   interfere with or disrupt the Showcase Services or servers or networks connected to the Showcase Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Showcase Services; use the                                             Showcase Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Showcase Services, or that could damage, disable, overburden or impair the functioning of the Showcase Services in                   any manner;

 

          n.     use or attempt to use another user's account without authorization from that user and Showcase;

 

          o.     attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Showcase Services that you are not authorized to access;

 

          p.     attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

 

          q.     use the Showcase Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

 

Showcase takes no responsibility and assumes no liability for any loss or damage resulting therefrom, nor is Showcase liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Showcase Services. Your use of the Showcase Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Showcase Services will not contain any content that is prohibited by such rules.

 

Showcase is not liable for any statements or representations included in User Content. Showcase does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Showcase expressly disclaims any and all liability in connection with User Content. Although Showcase has no obligation to screen, edit, or monitor any of the User Content, Showcase reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted on the Showcase Services at any time and for any reason without notice. Any use of the Showcase Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Showcase Services.

 

Listening Activity and Behavior

 

When you use the Showcase Services, we keep track of your listening activity, including the number and titles of songs to which you have listened, the songs or artists that you favorite, how frequently and for how long you listen, the devices you interact with and the location you listen. We may also keep track of your interactions with the Services, which may include any additional features you use. We do this for a variety of reasons, such as to gain an understanding of the types of music, content, or features you and/or other similar listeners tend to like or dislike, for compensating artists and other rights holders for use of their content, to provide you with relevant and interesting programming, and to improve the Services generally. As this data is essential to the function of the Services, you may not opt out of our collection and use of such data or information. By accessing or otherwise using any portion of the Services, you hereby consent to the foregoing collection and use of your listening activity and behavior for the purposes set forth above and also as outlined in our Privacy Policy.

 

Respecting Copyright

 

Showcase respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or agent thereof and believe that content posted on the Showcase Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.

 

Trademarks

 

Showcase, its logos, and any other product or service name, logo, or slogan used by Showcase, and the look and feel of the Showcase Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Showcase, and may not be used in whole or in part in connection with any product or service that is not Showcase’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Showcase, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Showcase may provide you from time to time.

 

All other trademarks referenced in the Showcase Services are the property of their respective owners. Reference on the Showcase Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

 

Idea Submission

 

By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to Showcase or its employees, you acknowledge and agree that Showcase shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

 

Termination

 

Showcase reserves the right, without notice and in our sole discretion, to terminate your license to use the Showcase Services, and to block or prevent your future access to and use of the Showcase Services. This includes the ability to terminate or to suspend your access to any subscriptions. Your only remedy with respect to any dissatisfaction with (i) the Showcase Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Showcase in operating the Showcase Services, or (iv) any content or information transmitted through the Showcase Services, is to terminate your account and to discontinue use of any and all parts of the Showcase Services.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Showcase, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Showcase Services, any Content you transmit in or through the Showcase Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Showcase reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Showcase, and you agree to cooperate with Showcase's defense of these claims. Showcase will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.

 

Disclaimers; No Warranties

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SHOWCASE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHOWCASE; (B) SHOWCASE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("SHOWCASE PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SHOWCASE SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) SHOWCASE DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SHOWCASE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) SHOWCASE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE SHOWCASE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SHOWCASE SERVICES SAFE, SHOWCASE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SHOWCASE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOWCASE OR THROUGH THE SHOWCASE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM "SHOWCASE" INCLUDES SHOWCASE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

 

Limitation of Liability and Damage

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SHOWCASE OR THE SHOWCASE PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SHOWCASE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHOWCASE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHOWCASE'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHOWCASE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SHOWCASE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SHOWCASE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

 

Reference Sites

 

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SHOWCASE AND RECEIVED THROUGH OR ADVERTISED ON THE SHOWCASE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITE.

 

Applicable Law and Venue

 

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SHOWCASE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SHOWCASE.

 

You and Showcase agree to arbitrate any dispute arising from these Terms of Service or your use of the Showcase Services, except that you and Showcase are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Showcase agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Showcase shall be sent to Showcase Ventures, Inc., 8 The Green, Suite B Dover, DE 19901. You and Showcase further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Kent County, Delaware; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Kent County, Delaware have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Showcase both agree that each may only bring a Claim against the other in an individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and Showcase agree otherwise, no judge or arbitrator may consolidate more than one person's Claims or otherwise preside over any form of representative or class proceeding.

 

Waiver

 

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

 

Severability

 

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

Assignment

 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Showcase without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

 

Survival

 

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 9, 10, and 16-19.

 

Entire Agreement

 

The Terms of Service, together with the Terms of Sale and the Privacy Policy, is the entire agreement between you and Showcase relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Showcase as set forth in Section 6 above.

 

Claims

 

YOU AND SHOWCASE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SHOWCASE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Questions Regarding this Agreement

 

If you have any questions regarding this Agreement, you may contact Showcase at legal@showcasedaily.com.