Last modified on 7/1/22

 

Introduction
 
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. Welcome to Showcase Daily (the “Platform”), which is provided by Showcase Ventures, Inc. in the United States (collectively such entities will be referred to as “Showcase Daily”, “we” or “us”).

You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.

The Terms of Service apply whether you are a user that registers an account with the Showcase Daily Services or an unregistered user. You agree that by clicking "Sign Up" or otherwise registering, downloading, accessing or using Showcase Daily Services, you are entering into a legally binding agreement between you and Showcase Daily regarding your use of the Showcase Daily Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Showcase Daily Services.
 
Use of Showcase Daily by Minors and Blocked Persons
 
The Showcase Daily Services are not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Showcase Daily Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
The Showcase Daily Services are also not available to any users previously removed from the Showcase Daily Services. Finally, the Showcase Daily Services are not available to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or any other applicable jurisdiction.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SHOWCASE DAILY SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM OR PROHIBITED FROM RECEIVING THE SHOWCASE DAILY SERVICES.

 

Acceptance and Future Modifications of these Terms of Service
 
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

 

Your Account
 
Account and Password
 
In order to open an account, you will be asked to provide us with certain information such as an email address and password.

You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to Showcase Daily upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge.

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Unless expressly permitted in writing by Showcase Daily, you may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on your account. Showcase Daily reserves all available legal rights and remedies to prevent unauthorized use of the Showcase Daily Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

 

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account, password, or any credit, debit or charge card), immediately notify Showcase Daily at legal@showcasedaily.com.

 

Third Party Accounts

 

Showcase Daily may permit you to register for and log on to the Showcase Daily Services via certain third party services. If you log on to Showcase Daily’s Services via such third party services (such as a social network), the profile information connected to the account you use to log into the Showcase Daily Services, including your name, may be used by Showcase Daily to provide and support your account. You also acknowledge and agree that Showcase Daily may publish information regarding your use of the Showcase Daily Services to and in connection with any such third party services with which you use in connection with the Showcase Daily Services. The third party’s use of your information will be subject to that service's privacy policy.

 

Use of Devices and Services

 

Access to the Showcase Daily’s Services may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Showcase Daily Services.

 

Intellectual Property Rights

 

Showcase Daily respects intellectual property rights and asks you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

 

License

 

The Showcase Daily Services are owned and operated by Showcase Ventures, Inc. Unless otherwise indicated, all content, information, and other materials on the Showcase Daily Services, including, without limitation, Showcase Daily's trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Showcase Daily Services are the property of Showcase Daily or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Showcase Daily, by agreeing to these Terms of Service you are granted a limited, revocable, non-sublicensable license to access and use the Showcase Daily Services for your own personal, non-commercial use (i.e. a personal and limited right). Showcase Daily may revoke and/or terminate the foregoing license with respect to any aspect of the Showcase Daily Service at any time, for any or no reason.

 

Showcase Daily reserves all rights not expressly granted in these Terms of Service.

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This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) resale or commercial use of the Showcase Daily Services or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Showcase Daily Services or the Materials, or any portion of them; (d) copy, store, edit, change, exploit, download or alter in any way any of the content made available through the Showcase Daily Services; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (except page caching) of any portion of the Showcase Daily Services, the Materials, or any information contained in them, except as expressly permitted on the Showcase Daily Services; (g) circumvent any technological measures employed by or on behalf of Showcase Daily to protect the Showcase Daily Services; or (h) any use of the Showcase Daily Services or the Materials except for their intended purposes. Any use of the Showcase Daily Services or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of Showcase Daily, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. Showcase Daily can terminate this license at any time, without notice.

 

Communication Preferences and Consent

 

From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, tips and recommendations, special offers, and other account-related or transactional messages. Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Showcase Daily.

 

User Content

 

License to Showcase Daily

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Unless otherwise agreed to in a written agreement between you and Showcase Daily that was signed by an authorized representative of Showcase Daily, if you submit, transmit, display, or post, you grant Showcase Daily and its sublicensees an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Showcase Daily Services (and derivative works thereof)) in any form, format, media or media channels now known or later developed or discovered; and (b) use the name, identity, likeness or other biographical information that you submit in connection with such User Content.

 

User Content Representations and Warranties

 

You are solely responsible for your User Content and the consequences of posting or publishing it.

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By uploading and publishing your User Content, you represent, and warrant that: (1) you are the creator and owner of the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) your User Content specifically does not contain any confidential information of Showcase Daily or third parties. Showcase Daily reserves all rights and remedies against any users who breach these representations and warranties.

 

Content is Uploaded at Your Own Risk

 

Showcase Daily uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, Showcase Daily does not guarantee and is not liable for any unauthorized copying, use or distribution of User Content. You hereby release and forever waive any claims you may have against Showcase Daily for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT CREATOR CONTENT USED BY Showcase Daily HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

Endorsements/Testimonials

 

You agree that your User Content will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time ("FTC Guidelines"). For example, if you have been paid or provided with free products in exchange for discussing or promoting a product or service through the Showcase Daily Services, or if you are an employee of a company and you decide to discuss or promote that company's products or services through the Showcase Daily Services, you agree to comply with the FTC Guidelines' requirements for disclosing such relationships. You, and not Showcase Daily, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Showcase Daily Services.

 

Prohibited Conduct

 

BY USING THE Showcase Daily SERVICES, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Showcase Daily Services.

You agree that you will comply with these Terms of Service and will not:

 

          a.     create, upload, transmit, or distribute, any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

 

          b.     impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Showcase Daily Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Showcase Daily Services, or perform any other similar fraudulent activity;

 

          c.     make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Showcase Daily                     Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk           mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures,             or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar                         activities;

 

          d.     harvest or collect the email addresses or other contact information of other users from the Showcase Daily                         Services;

 

          e.     defame, harass, abuse, threaten or defraud users of the Showcase Daily Services, or collect, or attempt to collect,             personal information about users or third parties without their consent;

 

          f.     remove, circumvent, disable, damage or otherwise interfere with security-related features of the Showcase Daily                 Services, features that prevent or restrict use or copying of any content accessible through the Showcase Daily Services,           features that enforce limitations on the use of the Showcase Daily Services or User Content, or delete the copyright or             other proprietary rights notices on the Showcase Daily Services;

 

          g.     reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Showcase Daily           Services or any part thereof;

 

          h.     modify, adapt, translate or create derivative works based upon the Showcase Daily Services or any part thereof;

 

          i.     interfere with or damage operation of the Showcase Daily Services or any user's enjoyment of them, by any means,           including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

 

          j.     relay email from a third party's mail servers without the permission of that third party;

 

          k.     access any website, server, software application, or other computer resource owned, used and/or licensed by                     Showcase Daily, including but not limited to the Showcase Daily Services, by means of any robot, spider, scraper,                     crawler or other automated means for any purpose, or bypass any measures Showcase Daily may use to prevent or                   restrict access to any website, server, software application, or other computer resource owned, used and/or licensed                 Showcase Daily, including but not limited to the Showcase Daily Services;

 

          l.     manipulate identifiers in order to disguise the origin of any User Content transmitted through the Showcase Daily             Services;

          m.     interfere with or disrupt the Showcase Daily Services or servers or networks connected to the Showcase Daily                   Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Showcase                   Daily Services; use the Showcase Daily Services in any manner that could interfere with, disrupt, negatively affect or                   inhibit other users from fully enjoying the Showcase Daily Services, or that could damage, disable, overburden or impair           the functioning of the Showcase Daily Services in any manner;

 

          n.     use or attempt to use another user's account without authorization from that user and Showcase Daily;

 

          o.     attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the             Showcase Daily Services that you are not authorized to access;

 

          p.     attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any                       products or services for any purpose; and

 

          q.     use the Showcase Daily Services for any illegal purpose, or in violation of any local, state, national, or international           law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data               protection and privacy.

 

Showcase Daily takes no responsibility and assumes no liability for any loss or damage resulting therefrom, nor is Showcase Daily liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Showcase Daily Services. Your use of the Showcase Daily Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Showcase Daily Services will not contain any content that is prohibited by such rules.

 

Showcase Daily is not liable for any statements or representations included in User Content. Showcase Daily does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Showcase Daily expressly disclaims any and all liability in connection with User Content. Although Showcase Daily has no obligation to screen, edit, or monitor any of the User Content, Showcase Daily reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted on the Showcase Daily Services at any time and for any reason without notice. Any use of the Showcase Daily Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Showcase Daily Services.

 

Listening Activity and Behavior

 

When you use the Showcase Daily Services, we keep track of your listening activity, including the number and titles of songs to which you have listened, the songs or artists that you favorite, how frequently and for how long you listen, the devices you interact with and the location you listen. We may also keep track of your interactions with the Services, which may include any additional features you use. We do this for a variety of reasons, such as to gain an understanding of the types of music, content, or features you and/or other similar listeners tend to like or dislike, for compensating artists and other rights holders for use of their content, to provide you with relevant and interesting programming, and to improve the Services generally. As this data is essential to the function of the Services, you may not opt out of our collection and use of such data or information. By accessing or otherwise using any portion of the Services, you hereby consent to the foregoing collection and use of your listening activity and behavior for the purposes set forth above and also as outlined in our Privacy Policy.

 

Respecting Copyright

 

Showcase Daily respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act ("DMCA"). If you are a copyright owner or agent thereof and believe that content posted on the Showcase Daily Services infringes upon your copyright, please submit a notice following our DMCA Guidelines, which include further information about our policies, what to include in your notice, and where to submit your notice.

 

Trademarks

 

Showcase Daily, its logos, and any other product or service name, logo, or slogan used by Showcase Daily, and the look and feel of the Showcase Daily Services, including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of Showcase Daily, and may not be used in whole or in part in connection with any product or service that is not Showcase Daily’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Showcase Daily, without our prior written permission. Any use of these trademarks must be in accordance with any guidelines that Showcase Daily may provide you from time to time.

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All other trademarks referenced in the Showcase Daily Services are the property of their respective owners. Reference on the Showcase Daily Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

 

Third Party Content

 

Showcase Daily may provide other third party content on the Showcase Daily Services (collectively the "Third-Party Content"). Showcase Daily does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the Showcase Daily Services.

 

You are responsible for deciding if you want to access or use third party websites or applications that link from the Showcase Daily Services ("Reference Sites"). Showcase Daily does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Showcase Daily Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

 

Idea Submission

 

By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to Showcase Daily or its employees, you acknowledge and agree that Showcase Daily shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.

 

Termination

 

Showcase Daily reserves the right, without notice and in our sole discretion, to terminate your license to use the Showcase Daily Services, and to block or prevent your future access to and use of the Showcase Daily Services. This includes the ability to terminate or to suspend your access to any subscriptions. Your only remedy with respect to any dissatisfaction with (i) the Showcase Daily Services, (ii) any term of these Terms of Service, (iii) any policy or practice of Showcase Daily in operating the Showcase Daily Services, or (iv) any content or information transmitted through the Showcase Daily Services, is to terminate your account and to discontinue use of any and all parts of the Showcase Daily Services.

 

Disputes

 

Indemnification

 

You agree to indemnify, defend, and hold harmless Showcase Daily, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Showcase Daily Services, any Content you transmit in or through the Showcase Daily Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Showcase Daily reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Showcase Daily, and you agree to cooperate with Showcase Daily's defense of these claims. Showcase Daily will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Promotions or User Content.

 

Disclaimers; No Warranties

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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SHOWCASE DAILY SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY SHOWCASE DAILY; (B) SHOWCASE DAILY, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS ("SHOWCASE DAILY PARTIES") DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SHOWCASE DAILY SERVICES, INCLUDING ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN; (C) SHOWCASE DAILY DOES NOT REPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SHOWCASE DAILY SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) SHOWCASE DAILY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE SHOWCASE DAILY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SHOWCASE DAILY SERVICES SAFE, SHOWCASE DAILY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SHOWCASE DAILY SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOWCASE DAILY OR THROUGH THE SHOWCASE DAILY SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM "SHOWCASE DAILY" INCLUDES SHOWCASE DAILY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

 

Limitation of Liability and Damage

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SHOWCASE DAILY OR THE SHOWCASE DAILY PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SHOWCASE DAILY SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SHOWCASE DAILY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SHOWCASE DAILY'S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SHOWCASE DAILY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SHOWCASE DAILY SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SHOWCASE DAILY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

 

Reference Sites

 

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SHOWCASE DAILY AND RECEIVED THROUGH OR ADVERTISED ON THE SHOWCASE DAILY SERVICES OR RECEIVED THROUGH ANY REFERENCE SITE.

 

Applicable Law and Venue

 

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SHOWCASE DAILY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SHOWCASE DAILY.

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You and Showcase Daily agree to arbitrate any dispute arising from these Terms of Service or your use of the Showcase Daily Services, except that you and Showcase Daily are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Showcase Daily agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Showcase Daily shall be sent to Showcase Ventures, Inc., 8 The Green, Suite B Dover, DE 19901. You and Showcase Daily further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Kent County, Delaware; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Kent County, Delaware have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Showcase Daily both agree that each may only bring a Claim against the other in an individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and Showcase Daily agree otherwise, no judge or arbitrator may consolidate more than one person's Claims or otherwise preside over any form of representative or class proceeding.

 

Miscellaneous

 

Waiver

 

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

 

Severability

 

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

Assignment

 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Showcase Daily without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

 

Survival

 

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 9, 10, and 16-19.

 

Entire Agreement

 

The Terms of Service, together with the Terms of Sale and the Privacy Policy, is the entire agreement between you and Showcase Daily relating to the subject matter herein and will not be modified except in writing, signed or otherwise agreed to by both parties, or by a change to these Terms of Service or Guidelines made by Showcase Daily as set forth in Section 6 above.

 

Claims

 

YOU AND Showcase Daily AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Showcase Daily SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Questions Regarding this Agreement

 

If you have any questions regarding this Agreement, you may contact Showcase Daily at legal@showcasedaily.com.