Showt Terms of Use


Last updated 6 May 2016

SHOWT SERVICE TERMS OF USE CONTENTS

1 YOUR AGREEMENT WITH US
2 USING THE SERVICES
3 ACCOUNTS AND PASSWORDS
4 USER CONTENT
5 SHOWT CONTENT
6 SOFTWARE
7 PROHIBITED ACTS
8 VIRUSES, HACKING AND OTHER OFFENCES
9 LIMITATION OF LIABILITY
10 INDEMNITY
11 PRIVACY STATEMENT
12 TERMINATION AND SUSPENSION
13 LINKS TO THIRD PARTY WEBSITES
14 OUR SERVICES CHANGE REGULARLY
15 NOTICES
16 DISPUTE RESOLUTION AND GOVERNING LAW
17 GENERAL



Thank you for accessing and using Showt’s websites, services, and mobile apps ("Services"). Showt is the world’s first Instant Global Voting platform. Showt is dedicated to giving everyone an equal ability to express themselves and be heard (and remembered) by the world.

Showt Limited (Ireland) (“we”, “us” and “our”) makes the Services available to both guests and registered users. Please read this Agreement carefully before you start to use the Services. When visiting our website or app, or signing up for or accessing or using our Services you are entering into a legally binding agreement with us. We have done our best to explain things clearly for you in this document but if you have any questions please let us know at info@showtglobal.com.


1 YOUR AGREEMENT WITH US

1.1 Your agreement with us incorporates these Terms of Use, our Privacy Statement and any other policies, guidelines or documentation that we make available to you as part of the Services (“Agreement”). You agree that by visiting our website or app, or signing up for or accessing or using our Services (with or without registration) you indicate that you accept the Agreement and that you agree to abide by it. You should therefore read the Agreement carefully and in its entirety.

1.2 Please note that the Agreement contain terms which limit and exclude our liability to you and which affect your legal rights. If you do not agree to this Agreement, then you should not access or use the Services, immediately cease using and accessing the Services and delete our apps from your devices.

1.3 No provisions in this Agreement will be interpreted so as to deprive you of any rights you may have as a consumer under applicable mandatory law in your jurisdiction.


2 USING THE SERVICES

2.1 You are responsible for all of your activity in connection with the Services. We supply the Services only for use in a manner that complies with all laws that apply to you. We are not responsible for your access or use of the Services in a way that is not in accordance with applicable law.

2.2 Unless otherwise agreed with us, you may use the Services for your personal use only and not for any commercial purpose.

2.3 Our Services are intended for use by persons 13 years of age and over. You must not use our Services if you are under 13. Before using our Services you confirm to us that you (a) are 13 years of age or over and, (b) if you are between 13 and 17 years of age, you possess legal parental or guardian consent and are fully able to enter into and to comply with this Agreement.


3 ACCOUNTS AND PASSWORDS

3.1 You have to create and register a user account with us before you can use and access certain features of the Services. If you choose to register an account with us, all information that you provide us must be accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement and may result in immediate termination of your account.

3.2 You agree to try to choose a strong and secure password, keep your password secure and confidential and not to transfer any part of your user account. You agree not to disclose your password to any third party. You are responsible for all activities or actions under your password, whether your password is with our Services or a third-party service.

3.3 You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and/or password. You are responsible for anything that happens through your account until the time you report the misuse to us.

3.4 You may not choose the actual name or account ID of another person with the intent to impersonate that person. If you provide any information that we believe is inaccurate, not current, or incomplete we may refuse registration, cancel the user account or block all current or future use of the Services.


4 USER CONTENT

4.1 Our Services allow you to post, link, store, share and otherwise make available certain information, text, questions, polls, comments, images, graphics, videos, or other material, including any ‘ShowtBacks’ you may post or otherwise make available in any format through the Services ("User Content"). Between you and us you retain ownership in your User Content and you are solely responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness. All User Content is non-confidential and non-proprietary.

4.2 To help us operate and improve the Services you grant us (and those we work with) a non-exclusive, worldwide, transferable and sub-licensable right and license to use, modify, publicly perform, publicly process, display, reproduce, and distribute User Content without any further notice, consent, or compensation to you or others. This license includes the right for us to make your User Content available in any manner whatsoever to other users of the Service, who may also use your User Content subject to this Agreement. For the purposes of operating and improving our Services you agree that we retain the right to create derivative works of, reformat, extract from and translate any of the User Content. If you delete or cancel your account with us, you acknowledge and agree that any User Content that you have shared with others may remain accessible to them, for example, if they have made a separate copy of your User Content.

4.3 You represent and warrant that: (a) the User Content is yours (in other words, that you own it) or you have the right to use it and grant us the rights and license as provided in this Agreement; and (b) the posting of the User Content on or through the Services does not violate the rights of any third party. You agree to compensate us for any loss or damage that we incur if you submit or upload any User Content that infringes the rights of a third party.

4.4 While we do not actively monitor our Services, we have the right but not the obligation to remove any User Content or posting you make on our Services if, in our opinion, such material does not comply with the standards set out in the Agreement.

4.5 We have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

4.6 This clause 4 is without prejudice to any rights you may have under any applicable mandatory laws.


5 SHOWT CONTENT

5.1 We and our licensors retain all right, title and interest in the features, functionality, information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, trade marks, trade names, logos and other materials and services found on the Services including their look and feel (but excluding User Content) (collectively, the "Showt Content").

5.2 The Showt Content and Services are protected by copyright, trade mark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties. We and our licensors reserve all of our intellectual property rights in the Showt Content and Services.

5.3 You must not make alterations, copies, extractions, modifications, or additions to the Showt Content, or sell, copy, disseminate or licence it, or misuse the Showt Content in any way, without our prior written consent.

5.4 All Showt Content and User Content used or accessed by you using the Services is at your own risk and, between you and us, we do not control how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. We have no liability or responsibility arising from you providing, acquiring or not acquiring any Content through the Services.

5.5 We can remove any Showt Content or User Content from the Services where we consider it appropriate, with or without notice, including if we receive a claim or complaint from a third party relating to such Content or if we believe that you are or may be in breach of the Agreement.

5.6 This clause 5 is without prejudice to any rights you may have under any applicable mandatory laws.


6 SOFTWARE

6.1 Any software component incorporated or included in the Services is licensed to you, and not sold. We (and our licensors) provide you with a personal, non-assignable, non-sublicencable, non-exclusive licence to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services and in accordance with this Agreement. You must comply with the provisions of this Agreement and are not permitted to copy, modify, distribute, sell or lease any part of the Services or included software or reverse engineer or attempt to extract the source code of that software, unless you have our written consent to do so.


7 PROHIBITED ACTS

7.1 You agree to fully comply with all applicable laws, including privacy and data protection laws, intellectual property laws and other rights of any third party and other regulatory requirements in connection with your use of the Services.

7.2 By using or accessing the Service you agree not to broadcast, record, store, post, transmit, or display or any User Content or otherwise use the Services in a manner that:

  1. is (or is potentially) unlawful, threatening, discriminatory, libellous, defamatory, tortious, obscene, offensive, hateful, fraudulent, scandalous, abusive, inflammatory, invasive of another's privacy, pornographic or profane, or otherwise objectionable;
  2. violates any law, statute or regulation or could give rise to any civil or criminal liability under law;
  3. violates the intellectual property rights of a third party;
  4. impersonates any person or entity;
  5. amounts to stalking or otherwise harassing another person;
  6. exploits children or we otherwise believe harms (or may harm) someone under 18 years of age;
  7. promotes or provides information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any illegal acts;
  8. obtains or attempts to obtain the password, account, or other security information from any user or other person;
  9. overrides any security feature of the Services or jeopardises the security of your account or someone else’s account;
  10. could damage, disable, overburden or impair the Services or any computer systems;
  11. violates the security of any computer network, or compromises any passwords or security encryption codes or processes;
  12. reverse engineers, decompile, disassemble, decipher or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services or any related technology, or any part of them;
  13. uses manual or automated software, devices or other means or processes to access, scrape or crawl or mirror the Services or any Content or information;
  14. removes any copyright, trademark or other proprietary rights notices contained in or on the Services;
  15. modifies, creates derivative works or copies or stores any significant portion of the Services or of the Content or any related technology;
  16. accesses the Services except through the interfaces and application program interfaces (APIs) and widgets provided by us;
  17. removes, covers or obscures any advertisement included on the Services;
  18. collects, uses, copies, or transfers any information obtained from us without our consent;
  19. monitors the Services' availability, performance or functionality for any competitive purpose;
  20. offers for sale or selling any item, good or service that violates any applicable law or regulation or that we determine, in our sole discretion, is inappropriate for transmission through the Service; or
  21. uses any automated system or software to extract data from this Service for display on any other website or to use it otherwise without our prior permisison.
7.3 Search engines may provide links to our website. No other websites may provide links to our website without our prior written consent.

7.4 You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of this Agreement, and that they comply with it.


8 VIRUSES, HACKING AND OTHER OFFENCES

8.1 You must not misuse our Services by knowingly introducing viruses, malware, spyware, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

8.2 By breaching this provision, you may be committing a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach or suspected breach, your right to use our Services will cease immediately.

8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.


9 LIMITATION OF LIABILITY

9.1 We take all reasonable steps to protect our users' information from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, use of the Services is at your sole risk and you assume full responsibility and risk of loss resulting from the use of, viewing, accessing, relying on or downloading of the Services and/or any Showt Content.

9.2 Access to our Services is permitted on a temporary basis. You agree that we are not liable for loss or damages arising out of your use, or your inability to use, the Services.

9.3 Commentary and other voting materials and polls posted on our site are not intended to amount to advice on which reliance should be placed. No poll results are in any way intended to be predictive of outcomes. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or registered user of our Services, or by anyone who may be informed of any of its contents.

9.4 To the fullest extent permitted by applicable law, we provide the Services ‘as is’ and on an ‘as available’ basis and we make no undertaking, representation or warranty of any kind, whether express or implied. In particular we make no undertakings, representations or warranties:

  1. of merchantability, fitness for a particular purpose, or non-infringement;
  2. in connection with the completeness or accuracy, reliability or timeliness of any User Content or Showt Content, and therefore Content should not in any circumstances be relied upon;
  3. that the Services will operate uninterrupted, securely or be available at any particular time or location;
  4. that the results of using the Services will meet your requirements; or
  5. that the Services or its servers are free from defects, errors, viruses, bugs or other harmful elements.

9.5 To the fullest extent permitted by applicable law, we and our subsidiaries, affiliates, officers, agents and employees and third parties connected to us, expressly exclude:
  1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services or in connection with the use, inability to use, or results of the use of the Services, any websites linked to it and any content or materials posted on them;
  3. any liability for:
  1. loss of income or revenue;
  2. loss of business;
  3. loss of profits or contracts;
  4. loss of anticipated savings;
  5. loss of data;
  6. service interruption;
  7. loss of goodwill;
  8. wasted management or office time; and
  9. any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.6 To the fullest extent permitted by applicable law, the limitations of liability in clause 9 apply to our liability (a) for death or personal injury arising from our negligence; and (b) for fraud or fraudulent misrepresentation as to a fundamental matter. However, nothing in this Agreement excludes or limits any of your consumer or other statutory legal rights that cannot be excluded or limited under applicable law.


10 INDEMNITY

To the fullest extent permitted by applicable law, you agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, partners, suppliers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of User Content you submit, post, transmit or make available through the Services, your access or use of the Services, your connection to the Services, your violation of the Agreement, or your violation of any rights of a third party in connection with the Services.


11 PRIVACY STATEMENT

11.1 Our Privacy Statement explains how we treat your personal data and how we protect your privacy and the privacy of others when you use the Services. By using the Services, you consent to us collecting, accessing, processing, storing and using any information that you provide in accordance with the terms of the Privacy Statement and any privacy settings which we may provide to you.

11.2 We respond to notices of alleged intellectual property rights infringement and may terminate the accounts of infringers.


12 TERMINATION AND SUSPENSION

12.1 We may suspend or terminate your access to the Services (in whole or in part) or your account with immediate effect if we reasonably believe that you are, or may be, in breach of this Agreement or law, are, or may be, misusing the Services, or if we are investigating suspected misconduct. We are not liable to you or any third party for any suspension or termination of access to the Services.

12.2 We or you may terminate this Agreement at any time with notice to the other.

12.3 On termination, you immediately lose the right to access or use the Services and any User Content.

12.4 Clauses 4 (User Content) 5 (Showt Content), 9 (Limitation of Liability) 10 (Indemnity) and 16 (Dispute Resolution) and 17 (General) of this Agreement and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement.

12.5 Termination or expiry of the Agreement (in whole or in part) does not affect either party’s rights or obligations accruing prior to the effective date of the termination or expiration or any rights or obligations of either party which the Agreement provide survive or commence after the expiration or termination of this Agreement.


13 LINKS TO THIRD PARTY WEBSITES

13.1 The Services may contain links to third party websites that we do not own or control. The fact that we provide a link to a third party website does not mean that we endorse, authorise or sponsor that website, nor does it mean that we are affiliated with the third party website’s owners or sponsors. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web site or service. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web site or service that you visit.

13.2 You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third party website or service.


14 OUR SERVICES CHANGE REGULARLY

14.1 Our Services and products are constantly evolving. Accordingly, we may amend the Agreement or the features or functionality of a Service from time to time, as we consider necessary. We may also impose limits on certain features and functionality of the Services or restrict your access to parts or all of the Services. Any modifications have immediate effect on and from the date of posting, unless specifically stated otherwise.

14.2 If the changes are material, we will provide prior notice to you through the Services, by email or other means. Unless required as a matter of urgency or reasonable necessity, a material change will be effective no earlier than 14 days after we notify you. However, non-material changes, material changes addressing new functions for a Service or material changes made to reflect changes in relevant law or regulatory requirements may be effective immediately.

14.3 You should check our website regularly for notices of updates. If you do not agree to a change you must immediately stop using the Services and close your account with us (where you have one). If you continue to use or access the Services this signifies your acceptance of the Agreement as modified.

14.4 Any of the content or material on our Services may be out of date at any given time, and we are under no obligation to update such material.


15 NOTICES

15.1 You agree that we may provide notices to you either by (a) a notice displayed on the Service; (b) an email sent to the registered email address you provided to us; or (c) through other means including SMS, telephone or mail. You agree to keep your contact information up to date. We may send you service announcements, administrative messages and marketing messages in connection with your account or use of the Service. You may opt out of some of these communications.

15.2 If you would like to send us notices or service of process, please contact us:

Online at: legal@showtglobal.com

By mail at:
Showt Limited
Harcourt Centre Block 4
Harcourt Road
Dublin D02 HW07
Ireland
We cannot ensure security and privacy of such communications and all risk in transmitting such communications lies with you.


16 DISPUTE RESOLUTION AND GOVERNING LAW

This Agreement, and all disputes (both contractual and non-contractual) and matters arising out of or in connection to it, are governed by Irish law. You and we submit to the exclusive jurisdiction of the courts of Ireland in connection with any disputes or matters arising out of this Agreement. However, this does not prevent us from instituting proceedings outside of Ireland. We acknowledge that the courts in some countries may apply their local laws in addition to the laws of Ireland to certain types of disputes and the courts in your country may consider your dispute against us.

16.1 If there is a dispute between you and another user of our Services, or between you and any third party, you agree that we are under no obligation to become involved and you will not make any claim or demand against us in relation to that dispute.


17 GENERAL

17.1 About us
We are Showt Limited (Ireland), an Irish registered company, with registration company number is 557453, having our registered office at 1 Stokes Place, St. Stephen's Green, Dublin 2, Ireland.

17.2 Entire Agreement
This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) represents the entire understanding and the entire agreement between you and us and supersedes all prior representations, promises, arrangements or agreements for the Services

17.3 Assignment
You may not transfer or assign this Agreement (or your user account) to anyone without our written consent. We may assign or transfer this Agreement to our affiliates or to a party that buys us or an affiliate or parent of ours without your consent by providing you with notice.

17.4 Severance
If a court with jurisdiction over this Agreement finds that any part of this Agreement is wholly or partly unenforceable, you and we agree that where possible, the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree that the court should not have regard to that unenforceable part but still enforce the rest of this Agreement.

17.5 Force Majeure
We are not liable for any failure or delay to perform our obligations under this Agreement where the failure is due to anything beyond our reasonable control (for example, acts of God, flood, fire, acts of terror, natural disasters, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation).

17.6 Waiver
If we fail to insist that you perform any of your obligations under this Agreement or we do not act or delay in acting to in exercise a right or remedy provided by this Agreement that does not mean we have waived our rights or remedies against you and will not mean that you do not have to comply with your obligations.

17.7 No agency
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect.

17.8 Interpretation
The headings in this Agreement are inserted for convenience only and shall not affect its construction. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. Terms such as “including”, “in particular”, “such as”, and “for example” are not to be read as exhaustive, or to limit, but may extend the generality of the provisions to which they relate.

17.9 Our rights in your feedback
If you provide any ideas, suggestions or recommendations to us, we may use and incorporate such feedback in the Services and our products, without payment of royalties or other consideration to you, provided we do not infringe any applicable law.

17.10 No third party rights
Nothing in this Agreement shall create any third party beneficiaries, or confer any rights in any third parties.

17.11 Language
To the extent permitted by applicable law, the English version of this Agreement is binding and other translations are for convenience only.



© 2016 Showt Limited Contact