Last Updated: November 15, 2021
1. SHOWX Service
1.3 The service enables Users to create, host, and promote virtual and in-person live events for which you may sell or purchase tickets (the “Ticket Sales Feature”). If you choose to use the Ticket Sale Feature, you agree to abide by all economic and other terms and conditions presented to you in exchange for your use of the Ticket Sales Feature, including without limitation, for ticket sellers --sharing the proceeds from the sale of tickets with SHOWX and its third party service providers that facilitate such service. As a ticket seller, you agree that you are solely responsible for all things related to the events, customers, tickets, venues, and performances utilizing the Ticket Sales Feature. As a ticket purchaser, you agree that all events for which tickets are sold through the service are the responsibility of the ticket seller. Whether you are a ticket seller or ticket purchaser, SHOWX shall have no liability whatsoever with respect to anything related to the events or the tickets sold through the Ticket Sales Feature.
1.4 The service also enables Users to plot out, map, and optimize a tour route so venues and other Users can see when and where you are touring to create potential opportunities to perform with other Users and at venues along the way. Users can receive notifications when venues have availability in a city the User is looking to perform in, as well as co-bill opportunities with other Users that are also looking to perform in those cities.
1.6. The SHOWX service and any content or works created or viewed through our service are for your personal and non-commercial use only. Public performances, virtual and otherwise, may be hosted by SHOWX at the sole discretion of SHOWX.
1.7. The SHOWX service is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features, and availability of SHOWX content.
1.9. The quality of the display of the SHOWX service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. SHOWX makes no representations or warranties about the quality of your experience on your display. The SHOWX services may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the SHOWX and related third-party software. If you do not accept the foregoing terms, do not use our service.
1.10. By using our service, you agree to look solely to the entity that manufactured and/or sold you the SHOWX-ready device for any issues related to the device and its compatibility with the SHOWX service. We do not take responsibility or otherwise warrant the performance of SHOWX-ready devices, including the continued compatibility with our service. If your SHOWX-ready device is sold, lost, or stolen, please deactivate the SHOWX-ready device. If you fail to log out or deactivate your device, subsequent users may access the SHOWX service through your account and may be able to access certain of your account information. To deactivate a device or your account, follow instructions on the appropriate menu page of the app or send an email to customer support at the email for that purpose listed on our website.
1.11. SHOWX owns and retains all right, title, and interest in and to the SHOWX service and the selection and arrangement of the content and information on the SHOWX service (other than User Content, defined below), including without limitation any and all rights under copyright, trademark, trade dress, and other intellectual property laws. SHOWX specifically reserves any and all rights it may have under state and federal unfair competition and trade regulation laws. Third-party licensors and members also have rights in and to such content made available through the SHOWX service, under copyright, trademark, trade dress, and otherwise. You agree to use the SHOWX service, including all features, functionalities, and content associated therewith, in accordance with all applicable intellectual property laws, rules, and regulations, and other restrictions on use of the service or content therein, and to respect the intellectual property rights of third parties. Please note that your unauthorized use of the SHOWX service may violate the rights of others and applicable laws, and may result in your civil and criminal liability.
1.12. Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide certain aspects of the SHOWX service. We do not claim ownership of the works or other content you stream, upload or post, but you grant us a license to use it. When you create, stream, share, post, or upload any content, information, or other works covered by intellectual property rights (including without limitation music, photos, or videos) on or in connection with the SHOWX service (“User Content”), you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your User Content (consistent with your privacy and application settings). You can end this license to us anytime by deleting your User Content or account. However, the User Content will continue to appear and be used if you shared it with others or allowed others to collaborate on it, and they have not deleted it.
1.13. Intellectual Property Rights. As between SHOWX and you, you retain ownership of any rights you have in your User Content and submitting your User Content to the service does not transfer ownership of your rights.
1.16. Waiver of Rights to User Content. By posting User Content to or through the service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. To the fullest extent permitted by law, you also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the service.
1.18. You hereby acknowledge and agree that if you post a work or other User Content created on or uploaded to SHOWX to any external site or service, then you are solely responsible for obtaining all permissions and consents for posting or sharing such work or User Content to any external site.
1.19. Except for User Content, the content that SHOWX provides to Users on or through the service, including without limitation, any text, graphics, photos, software, and interactive features, may be protected by copyright or other intellectual property rights and owned by SHOWX or its third party licensors. Moreover, SHOWX solely owns all design rights, databases and compilation and other intellectual property rights in and to the service, in each case whether registered or unregistered, and any related goodwill.
1.20. SHOWX trademarks, service marks, and logos used and displayed on the service are SHOWX’s registered and unregistered trademarks or service marks, (the “trademarks”). Other product and service names located on the service may be trademarks or service marks owned by third parties (such other names and marks are also included in “trademarks”). Except as otherwise permitted by law, you may not use the trademarks to disparage SHOWX or the applicable third-party, SHOWX’s or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks. You may not use any trademarks as part of a link to or from any service without SHOWX’s prior express written consent. All goodwill generated from the use of any SHOWX trademark will inure solely to SHOWX’s benefit.
1.22. No Liability. For the avoidance of doubt, SHOWX will not be liable for (i) any unauthorized use of User Content by any User; (ii) anything related to events or performances promoted via the service; (iii) any tickets sold through the service, or (iv) anything related to your tour, travels, accommodations, or interactions with any other Users or third parties.
2. Linked Destinations, Advertising and Third-Party Apps and Products.
2.1. The SHOWX website, application, or service may contain third party plug-ins, apps, ads, tools, and/or other non-SHOWX content, as well as links to third-party websites or services, including social media services. SHOWX has no control over any such third-party plug-ins, apps, ads, tools, content, websites, or services, even if SHOWX provides a link or pointer to such plug-ins, apps, ads, tools, content, websites, or services or if such plug-ins, apps, ads, tools, content, websites, or services are offered in conjunction with promotional access to the SHOWX service.
2.2. Without limiting the foregoing, SHOWX does not endorse any third-party product, service, or website, even if such product, service or website is advertised on or linked to from the SHOWX service, and it shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party product, service, or website. Any dealings you have with any third-party advertisers while using the SHOWX service are between you and that third-party advertiser.
2.4. From time to time, the SHOWX service may make available to Users promotions, sweepstakes, contests, games of skill, coupons, gifts and premiums offered by unrelated third parties. Should you choose to participate in any such third-party offers, you do so at your own risk and all of the terms, conditions, warranties or representations associated with such third-party offers are solely between you and that third party. Under no circumstances will SHOWX be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your participation in any such third-party offer.
3. Restrictions on Use of the Service.
a. rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the service to any third party or use the service to provide time sharing or similar services for any third party;
b. take any action that imposes an unreasonable load on the service's infrastructure;
c. use any device, software, or routine to interfere or attempt to interfere with the proper working of the service, or any activity conducted on the service;
e. alter, deface, mutilate, or otherwise bypass any approved software through which the service is made available;
f. use in an unauthorized manner any trademarks, service marks, design marks, logos, photographs, or other content belonging to SHOWX or obtained from the service;
g. access, tamper with, or use non-public areas of the service, SHOWX’s (and its hosting company's) computer systems and infrastructure or the technical delivery systems of SHOWX’s providers;
h. harass, threaten, menace, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including SHOWX’s employees or other Users;
i. provide any false personal information to SHOWX
j. create a false identity or impersonate another person or entity in any way;
k. create a new account with SHOWX, without SHOWX’s express written consent, if SHOWX has previously disabled an account of yours;
l. solicit, or attempt to solicit, personal information from other Users of the service;
m. restrict, discourage or inhibit any person from using the service, disclose personal information about a third person on the service or obtained from the service without the consent of that person, or collect information about Users of the service;
n. use the service to send emails or other communications to persons who have requested that you not send them communications;
o. use the service, without SHOWX’s express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
p. gain unauthorized access to the service, to other Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the service;
q. post any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software, or telecommunications equipment or any other aspect of the service or communications equipment and computers connected to the service;
r. interfere with or disrupt the service, networks, or servers connected to the service or violate the regulations, policies, or procedures of those networks or servers, including by attempting to decipher any transmissions to or from the servers running SHOWX;
t. assist or permit any persons in engaging in any of the activities described above; or
u. make the functionality of the service available to third parties as a service.
3.2. Our service may enable Users to create subtitles in connection with their video projects (each, a “Caption”). SHOWX may limit: (i) the number of Captions that you may make via the Service; and (ii) anything else about the Captions you make via the services, as we deem appropriate in our sole discretion. We may impose or modify these limitations without notice. We may utilize technical measures to prevent over-usage and stop usage of the services after any usage limitations are exceeded or suspend your access to the services with or without notice to you in the event you exceed any such limitations.
3.3. SHOWX is not responsible for the content of any external sites and does not make any representations regarding the content or accuracy of any materials on such external sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any external sites, purchase any content from external sites or subscribe to services offered by such external site, then you do so at your own risk. You agree that SHOWX will have no liability to you arising from your use, engagement, exposure to, or interaction with any external sites.
4. Passwords, Registration, and Account Access.
4.1. The member who created the SHOWX account (the "Account Owner") has access and control over the SHOWX account and the SHOWX-ready devices that are used to access our service and is responsible for any activity that occurs through the SHOWX account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the SHOWX-ready devices that are used to access the service and not reveal the password or details associated with the account to anyone.
4.2. You agree to notify SHOWX immediately at email@example.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your account. We can terminate your account or place your account on hold in order to protect you, SHOWX, or our partners from identity theft or other fraudulent activity. SHOWX is not liable for holds placed on the account by either a representative of SHOWX or by the automated processes of SHOWX. SHOWX will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying SHOWX of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access third party sites.
4.4. The service may provide you the ability to send messages to other Users and third parties. You represent and warrant you will only send messages through the app to Users who have given you their express consent to receive such messages, and you will indemnify and hold SHOWX harmless from any and all claims arising out of your sending these messages to any Users. You also agree that you are responsible for all fees and charges associated with such messages.
5. Disclaimers of Warranties and Limitations on Liability
5.1. THE SHOWX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, AND ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SHOWX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SHOWX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SHOWX SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SHOWX SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SHOWX READY DEVICES, AND SHOWX SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SHOWX, OR ITS AFFILIATES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE, (e) ANY ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN, OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.3 IN NO EVENT WILL THE AGGREGATE LIABILITY OF SHOWX, 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 THE SHOWX SERVICE EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS OR ANY FEES YOU PAY, IF ANY, TO SHOWX FOR ACCESS TO OR USE OF THE SERVICE.
5.5. ANY THIRD PARTY DISPUTES ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WITH ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE SHOWX FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
5.6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
6. Dispute Resolution
6.2. YOU AND SHOWX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SHOWX agree otherwise, the parties may not ask the court to consolidate more than one person's claims with your claims, and or otherwise ask the court to preside over any form of a representative or class proceeding.
7.2. Unsolicited Materials. SHOWX does not accept unsolicited materials or ideas for new SHOWX content or new SHOWX services, and is not responsible for the similarity of any of its services, content, or programming in any media to materials or ideas transmitted to SHOWX. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against SHOWX and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
7.3. Feedback. SHOWX is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the SHOWX service, including the SHOWX website, app and user interfaces, worldwide, and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the SHOWX service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
7.7. Communication Preferences. We will send you information relating to your account (e.g.changes in password, confirmation messages, or notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.