July 2, 2013
ShowTown LLC (“ShowTown”) through its webSite at www.showtown.co as well as related entertainment webSites (“Site” or “Sites”), combines online technology, social networking know-how and show business passion to make valuable connections between performers, entertainment venues and fans.
Activities on the Sites that support and enhance the interactions between performers, venues and fans, including but not necessarily limited to band competitions, fan forums and posting of venue information, performances and events, are collectively referred to as “Services.”
Right to revise terms
Confirmation of Acceptance and Legal Age
Users’ continued acts of accessing the Site shall serve to confirm the following:
User consents to the terms of this or any subsequent revision of the Agreement,
User is 18 years of age or older, or has secured permission of a parent, guardian or other legally responsible individual to view materials posted therein.
The Site, which implements ShowTown’s mission as a facilitator of entertainer/fan/venue relationships, is available generally for personal and non-commercial use, unless Users specifically engage with ShowTown in commercial activity as governed by separate Agreements.
Enforcement of Terms
In the event that any User fails to conform to these terms, in addition to pursuing other remedies and law or equity permitted in local jurisdictions, ShowTown shall exercise its right to terminate access to the Site and related services.
Waiver and Severability
The failure of ShowTown to exercise or enforce any provision of these User Terms shall not constitute a waiver of such right or provision. If any provision of this or any related Agreement is found to be unenforceable or invalid in any jurisdiction, the remaining provisions of the Agreement shall retain their full force and effect in that jurisdiction.
License to Use the Services
ShowTown, along with other affiliated providers whose services may be offered to User, shall grant a limited, nonexclusive, revocable license to use the Services only for their intended purpose of creating effective and positive relationships between talent, audience and venues. Unless expressly provided for in a supplementary agreement, ShowTown does not convey to Users any right to collect or use information contained on the Sites for purposes prohibited by ShowTown, to compete with ShowTown, to create derivative works based on the content of the Sites, or to download or copy materials therein. If User uses the Services in a manner that violates these Terms, ShowTown has the right to revoke the license and access to Services.
Ownership of Intellectual Property
Unless stated otherwise, all intellectual property related to the contents of the Site, including text, audio, images, video, trademarks, logos and other components is owned by or licensed to ShowTown, its partners and/or affiliates, and is protected by copyright and trademark laws and international treaty provisions. The general structure, look and feel, underlying program code and metadata utilized on the Site are subject to ShowTown's ownership rights. No such components of the Site, whether owned by ShowTown or third parties, may be copied, uploaded, published, distributed or otherwise disseminated in any form, including derivative or modified materials, without the express permission of ShowTown. Where such permission is granted, grantees will obtain and/or use materials only as specified by ShowTown. No rights to patents, copyrights, trademarks, trade secrets, other proprietary information or materials is granted in the absence of an express written grant of rights made by ShowTown to a specific party.
Users may, however, print or download the text of individual pages on ShowTown’s Site for personal non-commercial or educational use. Fair Use exceptions to ShowTown’s ownership of Intellectual Property, as interpreted under U.S. law shall be reasonably accommodated. Users who are in doubt as to uses of content owned by ShowTown or third party content providers, or have concerns regarding content to be submitted for posting on the Site, should contact ShowTown’s User Services Group at firstname.lastname@example.org.
WebSite Content and Representations
The Site is provided on an ‘as is’ basis. ShowTown declines to make representations or warranties regarding the accuracy, reliability or completeness of information published on its Site, or regarding the quality, profitability and/or fitness of performances, entertainment, products and services featured therein.
ShowTown will strive to provide continuous service of high quality but due to the imperfect nature of the Internet and the technologies that populate it, ShowTown does not warrant that it will maintain any of its services in an uninterrupted manner and does not accept any related liability.
Further, while ShowTown shall make reasonable efforts to reduce risks related to computer viruses that may be transmitted over the Internet, it does not warrant that the Site is free of such risks.
Liability for all such content related risks is expressly excluded to the extent permitted under local law.
Appropriate Content and Conduct
By posting any data, text, information, graphics, photos, audio or video clips, links, or other content on or through the Site, User warrants to ShowTown that all content so provided, including musical or other performances, is true, accurate, complete, not misleading, not infringing on the legal rights of others, and actually performed by the individuals depicted in said posted materials.
User agrees that she or he has final responsibility for all posted content, regardless of whether it was produced with assistance from ShowTown or its affiliates. ShowTown may review and delete any content that violates these Terms, or which ShowTown deems to be a threat to the safety and legal rights of others.
ShowTown may, but shall have no obligation to, remove content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s Intellectual Property Rights or otherwise violates these terms.
If any content posted on Sites contains links to other webSites, User warrants that they have the right to post these links.
Users posting content shall avoid other illegal or unauthorized uses of the Services include, but not limited to: modifying, adapting, translating, or reverse engineering any portion of the Sites; using any robot, spider, Site search/retrieval application, or other device to retrieve or index any portion of the Sites or information contained therein; collecting any information about other Users (including usernames or email addresses) for unauthorized purposes; submitting any content that falsely expresses or implies that it ShowTown User Agreement 7-2-13 SNR is sponsored or endorsed by ShowTown; authorizing any other person to use Services; submitting content that infringes, misappropriates, or violates the Intellectual Property Rights of any party; or transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this section, including, without limitation, removing the offending content from the Sites and terminating the access of such violators. Even though these destructive practices are strictly prohibited, there is a small chance of exposure to such items and User further waives the right to hold ShowTown responsible for any resulting damages.
Display of Site Content
Though ShowTown will consider requests for specific positioning and/or prioritization of specific content, ShowTown shall post User provided content subject to its sole discretion. ShowTown makes no guarantees regarding the number of Users who will view such content and reserves the right to edit, reject, or cancel any content or embedded link posted or submitted by a User at any time.
Disputes among Users and others
ShowTown accepts no obligation to intervene in disagreements involving Users, venues, fans and/or consumers. ShowTown reserves the right to selectively comment and/or intervene at its sole discretion. Users therefore release ShowTown, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, in any way related to such disputes.
User shall fully abide by the Intellectual Property provisions of ShowTown’s User Terms and Conditions herein. By using ShowTown’s Services, User grants to ShowTown a worldwide, non-exclusive, transferable, royalty-free license to reproduce, copy, distribute and display all content supplied to ShowTown for posting on the Sites. If User creates advertising content using ShowTown Services and wishes to publish or distribute it outside of the Sites, ShowTown requires that such content bear ShowTown’s name, logo and/or other identifying information.
Users may not post, distribute, or reproduce copyrighted material, trademarks, or other proprietary information without the prior written consent of the owner of those properties.
If a User believes that their content has been copied and posted on the Sites by others in a way that constitutes copyright or trademark infringement, please provide us with: a) a description of the work that has been infringed; b) a link to the infringing material c) a ShowTown User Agreement 7-2-13 SNR written statement indicating that the infringing material was posted without permission of the copyright owner; d) a written statement, made under penalty of perjury, that the information submitted is made in good faith by a person who owns the intellectual property rights or is authorized to act on the owner's behalf; e) full contact information. For claims of intellectual property infringement, ShowTown can be reached via (*****).
ShowTown is not responsible for incorrect or inaccurate content posted on the Sites or in connection with the Services.
ShowTown is not responsible for the conduct, whether online or offline, of any User; for problems caused by the technical malfunction of computer hardware, software, networks or service providers; for any problems due to traffic congestion on the Internet or at any webSite; for injury or damage resulting from viewing, downloading or otherwise accessing materials related to the Sites or Services.
Further, ShowTown is not responsible for damage or loss resulting from interaction between Users and others participating in performances or activities referred to on the Site.
ShowTown cannot promise any specific results from use of the Sites and/or the Services. No advice or information obtained through use of Services shall create any warranty except where specifically stated.
Disclaimer of Warranties and Limitation of Liability
By using the Site, User agrees to be entirely responsible for all content uploaded, posted or otherwise transmitted via the Services. Under no circumstances will ShowTown, its employees, affiliates or other Users be liable for any damage caused by reliance on information obtained through the Site or any other use of the Services.
SHOWTOWN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF SITES SERVING USERS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SHOWTOWN, ITS EMPLOYEES OR AFFILIATES BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN ShowTown User Agreement 7-2-13 SNR THIS SITE, EVEN IF SHOWTOWN OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable local law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply universally.
IN NO EVENT SHALL SHOWTOWN’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY ANY USER FOR SHOWTOWN’S SERVICES.
Hold Harmless and Indemnity
User agrees to hold harmless and indemnify ShowTown against any third party claim related to use of the Services, including any loss, cost, expense, damage, liability, or alleged liability (including costs of court and reasonable attorneys’ fees) related to (a) the breach of any provision of these Terms by User, (b) the violation or alleged violation of any law with respect to use of the Sites or the Services (c) actual or alleged infringement of any Intellectual Property Right or other right of any third party arising from User’s use of the Services, or (d) any allegation that content posted by User is libelous or infringes the contractual or any other right of any other party.
Term and Termination
This Agreement will remain in full force and effect while User uses any part of the Services. ShowTown may terminate this Agreement and/or deny access to the Services if User is in breach of this Agreement or any agreement with ShowTown service providers.
Questions, Concerns and Dispute Resolution
Users with questions or concerns regarding the use of the Site, content posted therein, or services related to the Site should contact our User Services group at email@example.com
These Terms will be governed by and construed in accordance with the laws of the State of Michigan, U.S.A., and any disputes arising from this Agreement shall be adjudicated in the courts of said State without giving effect to conflict of laws provisions or User’s actual place of residence.
Waiver and Severability applies to this User Agreement as in the General Terms and Conditions.
Users may not broker, resell, assign or transfer rights or obligations under this Agreement without ShowTown’s permission.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ShowTown and any User participating in its Sites.
Except where a User enters separate commercial agreements with ShowTown, these Terms constitute the entire agreement between User and ShowTown and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver or modification of these Terms requires a writing signed by the parties.
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