Showable Media Terms & Conditions
Thanks for visiting ShowableMedia.com. Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website and associated services identified below (the "Website," "Site," or "Services."). Showable Media may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. Use of some services or content accessible through Showable Media may require acceptance of separate agreements with Showable Media and/or third parties.
General Terms and Conditions
In consideration of your use of this Service, you agree to: (a) provide true, accurate, current and complete information about yourself, your content (i.e. video show) and corresponding RSS (if applicable), and your business as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Showable Media has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
Special Provisions for Publishers
As further consideration for your use of Showable Media's free Services, Publisher agrees to permit Showable Media to disclose information which Publisher has provided about his/her content (e.g. content ratings, show descriptions) and/or which Showable Media has gathered on Publisher's behalf (e.g. survey results, measurement data) to Showable Media Member Advertisers or to other parties at Showable Media’s sole discretion.
Disclaimer and Limitation of Liability
By using the ShowableMedia.com web site, including any software, content, and supported services contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, Showable Media DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER Showable Media NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Showable Media, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Showable Media reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice.
User Conduct On the Service
While using the Service, you may not:
- Restrict or inhibit any other user from using and enjoying the Service; or
- Misrepresent your content, an RSS feed, your business, or your business activities in any way; or
- Use the service for any unlawful, fraudulent, libelous, defamatory, threatening, abusive, hateful, or otherwise objectionable activity of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
- Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes other than as expressly permitted by the provider of such information, software or other material; or
- Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.
Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("your Communications") will be treated as non-confidential and nonproprietary. In addition, Showable Media is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.
Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that Showable Media may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that Showable Media in its sole discretion believes violate any of the terms and conditions, violate the rights of Showable Media, or is otherwise inappropriate for continued access.
You acknowledge and agree that Showable Media may in its sole discretion deny you access through Showable Media to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Showable Media, and Showable Media shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Showable Media and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms of Service by you or users of your account.
Showable Media is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Website, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Website. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Showable Media does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
Links From and To This Website
You acknowledge and agree that Showable Media and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Showable Media or its Website.
Showable Media is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted.
The Terms of Service and the relationship between you and Showable Media shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and Showable Media agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Virginia.
The failure of Showable Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.