Terms and Conditions
1. Using Show Yours
a. Who can use Show Yours
You may use our Products only if you can form a binding contract with Show Yours, and only in compliance with these Terms and all applicable laws. When you create your Show Yours account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
b. Your use of the website is at your sole risk
Without the permission and approval of Show Yours, you cannot use the website to publish or distribute any form of advertising or promotional material or performance of any activity that is prohibited by law. You may not use the services on the website to publish or distribute any information which is illegal and violates or infringes upon the rights of any other person as well any information which is disrespectful, harmful, abusive, hateful, pornographic, vulgar, and threatening in nature, any information that contains errors, viruses or which is otherwise prosecutable under law
Seller Terms and Conditions
Listing Works on the Site
As a Member, you may submit listings for original works or goods (“Original Works”) that you have created and that you desire to sell. You may not submit listings for Original Works that were created by another. You may not submit listings for Original Works that were created by another. In order for your listings to be accepted, you must provide Show Yours with all the information requested on the applicable page of our Site and you must comply with any other Show Yours requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Show Yours with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Show Yours. Show Yours reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
If you want to remove a listing for an Original Work from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
Responsibility for Works
You acknowledge and agree that you are solely responsible for all Original Works that you make available. Accordingly, you represent and warrant that: (i) as to Original Works that you make available you are the creator of all such Original Works and you are the sole and exclusive owner of all such Original Works that you make available, you are either the sole and exclusive owner of all or you have all rights, licenses, consents and releases that are necessary to grant to Show Yours the rights as contemplated under these Terms; and (ii)neither the Original Works that you make available nor Show Yours use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
For Original Works, you have to contact the purchaser for his/her name and address and, unless otherwise instructed in writing by Show Yours, you will be responsible for shipping the purchased Original Work directly to the purchaser. You agree to ship the purchased Original Work to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.
Purchaser Terms and Conditions
Purchases of Original Works
As a Member, you may purchase Original Works that are listed by other Members on the Site. When you purchase such an Original Work, you are purchasing the work from the Member identified on the listing for such work. Prices for Original Works will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes, if any, for which you are responsible and which will be separately identified on your receipt. As a Purchaser you will contact and pay the Seller/Member directly. The Member identified on the listing of the Original Work will ship the purchased work directly to you. Show Yours takes no responsibility whatsoever of the condition the purchased Original Works are in, before or after shipping.
Terms for both Sellers and Purchasers
All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT“), goods and services (“GST“) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“).
We welcome and encourage you to provide feedback, comments and suggestions for improvements to our (“Feedback“). You may submit Feedback contacting us at http://www.show-yours.com/contact. You acknowledge and agree that all Feedback will be the sole and exclusive property of Show Yours and you hereby irrevocably assign to Show Yours and agree to irrevocably assign to Show Yours all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Show Yours request and expense, you will execute documents and take such further acts as Show Yours may reasonably request to assist Show Yours to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
2. Your Content
a. Posting content
Show Yours allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Show Yours.
More simply put:
If you post your content on Show Yours, it still belongs to you but we can show it to people and others can show it too.
a. How Show Yours and other users can use your content
You grant Show Yours and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-show, modify, create derivative works, perform, and distribute your User Content on Show Yours solely for the purposes of operating, developing, providing, and using the Show Yours Products. Nothing in these Terms shall restrict other legal rights Show Yours may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
b. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Show Yours, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Show Yours and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Show Yours.
c. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Show Yours more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Show Yours does not waive any rights to use similar or related Feedback previously known to Show Yours, or developed by its employees, or obtained from sources other than you
More simply put:
Also, don’t post porn or spam or be a jerk to other members. Oh, and we can actually use your suggestions to make Show Yours better.
3. Copyright Policy
More simply put:
We respect copyrights. You should, too.
We care about the security of our users. While we work to protect the security of your content and account, Show Yours cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Show Yours. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Show Yours, you do so at your own risk and you agree that Show Yours will have no liability arising from your use of or access to any third-party website, service, or content.
Show Yours may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
More simply put:
We reserve the right to refuse service to anyone.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Show Yours and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
More simply put:
If we are sued because of something your business does on Show Yours, you have to pay our costs. Also, you should have created a business account and agreed to our commercial terms in the first place.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
SHOW YOURS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Show Yours takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
More simply put:
Unfortunately, people post bad stuff on user-generated content sites like Show Yours. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHOW YOURS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SHOW YOURS’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
More simply put:
We are building the best service we can for you but we can’t promise it will be perfect. We’re not liable for various things. If you think we are, let’s try to work it out like adults.
For any dispute you have with Show Yours, you agree to first contact us and attempt to resolve the dispute with us informally. If Show Yours has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Show Yours agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Show Yours will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SHOW YOURS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in San Francisco County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
More simply put:
The Bay Area is beautiful this time of year. It doesn’t matter what time of year it is, that’s what’s so great! Anyway, you’ll have to sue us here.
12. General Terms
Notification Procedures and changes to these Terms. Show Yours reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
More simply put:
If we’re making a big change to the terms, we’ll let you know.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Show Yours without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Show Yours failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
More simply put:
These three passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you’re using a site, including Show Yours.