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ShowSmart » Member Terms and Conditions
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ShowSmart.com - Member Terms and Conditions
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Acceptance of Terms of Service
Showsmart.com is a service operated by Showsmart Inc., ("Showsmart"). By using the Showsmart.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the Showsmart.com services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Showsmart.com may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Showsmart.com's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and Showsmart.com's Privacy Policy.
The Service is open for membership to all individuals, however minors require parental or guardian permission.
By participating in any offline Showsmart.com activity, you agree to release and hold Showsmart.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Showsmart.com activity.
Conditions of Membership
Showsmart.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
Showsmart.com reserves the right to terminate the membership of individuals who violate the following conditions of membership:
- An individual may only maintain one registration.
- Each email address can only belong to one member.
- The member must inform Showsmart.com of any change in the member's personal details, including email address, phone number and address. This can be done through the "my Profile" section on the Website.
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a ShowSmart official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation without written approval by ShowSmart Inc. This includes messages sent through the Message Center;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, or any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users
Termination of Membership
If Showsmart.com terminates your Membership in the Service because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. In addition, the balance of your service and all outstanding payments and rewards gained from the Website will be forfeited.
Use by Members
The Website is for the personal and business use of Members only and may not be used in connection with any unapproved commercial endeavors except those that are specifically endorsed or approved by the management of Showsmart.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Showsmart.com for any illegal or unauthorised use of the Website.
Propriety Rights in Content on the Showsmart.com Website
Showsmart.com owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Showsmart.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Website (for future peer to peer interaction)
a. You understand and agree that Showsmart.com may review and delete any content, articles, links, messages, photos or profiles (collectively, "Content") that in the sole judgment of Showsmart.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
c. By posting any Content to the public areas of the Website, you hereby grant to Showsmart.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that:
- (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and
- (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Showsmart.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
- i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- ii. harasses or advocates harassment of another person;
- iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- v. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not transmit any chain letters or junk email to other Members. Although Showsmart.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Showsmart.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Showsmart.com deems appropriate in its sole discretion.
h. You may not cover or obscure the banner advertisements on your personal profile page, or any Showsmart.com page via HTML/CSS or any other means.
i. Any automated use of the system, such as using scripts to add friends, is prohibited.
j. You may not attempt to impersonate another user or person who is not a member of Showsmart.com.
k. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
l. You may not sell or otherwise transfer your profile.
Member Disputes
You are responsible for your interactions with other Members. Showsmart.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimer
Showsmart.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilised in the Service. Showsmart.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Showsmart.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or Member communication. Showsmart.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Showsmart.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Showsmart.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Showsmart.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation of Liability
IN NO EVENT SHALL SHOWSMART.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF SHOWSMART.COM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHOWSMART.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO SHOWSMART.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Indemnification
The Member indemnifies Showsmart.com and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the members use of the service or the network.
Termination
These Terms of Service are effective until terminated by Showsmart.com. Showsmart.com may terminate these Terms of Service at any time without notice.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Ontario, Canada. The member submits to the jurisdiction of the courts of Ontario.
Privacy
Use of the Website and/or the Service is also governed by our Privacy Policy.
Code of Conduct
Members must behave in accordance with the Showsmart.com Code of Conduct when using the Website / and or the Service, and also when offline. Failure to do so in the sole judgment of Showsmart.com may result in termination of membership without notice.
Other
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ShowSmart of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ShowSmart cannot and will not be liable for any loss or damage arising from your failure to comply with these Member Terms and Conditions.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Showsmart.com regarding the use of the Website and/or the Service. The failure of Showsmart.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Showsmart.com is a trademark Showsmart Inc.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Showsmart.com regarding the use of the Website and/or the Service. The failure of Showsmart.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Showsmart.com is a trademark Showsmart Inc.
VIOLATIONS
Please report any violations to our Customer Care group at
Fax: 416-849-8271
877 Alness Street, Suite 24
Toronto, ON, M3J 2X4, Canada
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| Copyright © 2007
Showsmart Inc. All rights reserved. Reproduction in whole or in part
in any form or medium without the express written permission of Showsmart
Inc. is prohibited. Your use is subject to and constitutes
acknowledgement and acceptance of our
Terms and Conditions
and Privacy Policy.
Disclaimer: The content given on this site is for
information purposes and may have been provided by the owner or a third
party source. Showsmart.com accepts no responsibility for the accuracy of
any information including show, vendor, product, pricing, description, coupon,
restrictions, contact information, venue, date or any other information
listed on the site. For accurate information please contact the owner
to confirm.
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