SHOW 1 TERMS OF SERVICE
Welcome to the Show 1 website (hereafter referred to as the “Website.”) This website allows you to view videos, pictures, feeds, and other content from the internet. It also allows you to create your own personal profile using social networking. Please read our Terms of Use (“Terms”) carefully before continuing with your use of this Website. If you continue to browse and use this website, you are agreeing to comply with and be bound by all of the terms and conditions contained herein (including Show 1’s privacy policy) and all other operating rules, policies, and procedures that may be published from time to time on this site. By using our “Services”, defined to include all properties owned and operated by Show 1, including mobile, web, app, other applications, and/or related data and services, you agree to be bound by the our Terms. You are also required to comply with, and to ensure compliance with, all laws, ordinances and regulations applicable to your activities on Show 1.
Show 1 reserves the right to alter, modify, or update these Terms at any time without notice. Such modifications shall become effective immediately upon posting. By using this Website after new posted notices of modifications, alterations, or updates, you agree to be bound by our revised Terms. It is recommended that you regularly visit this page and familiarize yourself with the latest version of this agreement.
Service Access
You must be 13 years old or older to use our services, create an account, or create a personal profile. If you reside in the European Economic Area, you must be over the age required by the laws of your country to use our Services, or you need to provide us with verifiable consent from your parent or legal guardian.
You may accept these Terms of Use on behalf of another legal entity only if you have full legal authority to bind such entity to these Terms.
Permissible Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You may not use any service marks or copyrighted materials found on this Website, including but not limited to any logos and characters, without the express written consent of the owner of the mark or copyright. Without prior written consent of Show 1 you may not frame or otherwise incorporate into another website or online application any of the content of this Website.
You may view, copy, save, print, transmit, and otherwise use information from this Website for your own personal, noncommercial use. But you may not copy, post, modify, publish, display, distribute, provide access to the Website, nor otherwise use the content in this Website for any commercial use without the prior written consent of Show 1. You may request permission by emailing a request to Show 1 at contact@show1.com.
Responsibilities Of Members
You are solely responsible for all member information and content that you post or transmit on this Website and for all actions taken regarding them. “Member information” is any information or data you provide to Show 1 or other members during registration, posting information, or interaction with the Website, including photos, videos, and email. You agree not to use a false identity or photograph, misrepresent yourself, or impersonate another in opening and using membership accounts. You must be the sole owner of your member account and may not share your account with other users.
In using our Website, you agree that you will NOT (1) provide false, misleading, or inaccurate content, including but not limited to false or misleading responses to other members’ content; (2) display illegal or fraudulent content or foster the creation, distribution, or reception of illegal, counterfeit, or stolen goods or services; (3) display or transmit content that you do not have the right to display under any law or contractual relationship; (4) infringe on the rights of any third party, including copyright, patent, trademark, trade secrets or other proprietary rights, including personality rights (publicity rights) and the right to privacy; (5) post identification documents or sensitive financial information of another person; (6) take any action that in any way harms other members or this Website, its suppliers, or service providers; (7) display content that incites hate or violence towards individuals or entities, or that is illegal, libelous, defamatory, threatening, obscene, pornographic, unlawfully harassing, discriminating, scandalous, disparaging, or otherwise offensive; (8) violate any local, state, national or international law or regulation having the force of law, including, without limitation, those governing false advertising, consumer protections, export control, unfair competition, or anti-discrimination, or (9) create liability for Show 1 or cause Show 1 to lose (in whole or in part) the services of our ISPs or other suppliers.
You further agree not to distribute or post spam, create unsolicited mass mailing, initiate chain letters, enact pyramid schemes, attempt to disassemble, decipher, decompile, or reverse engineer any of the Service’s software or codes, or engage in practices such as “database scraping”, “screen scraping” or other activities with the purpose of obtaining lists of users or other information that would harm members or the Website. You agree not to sell any information, lists of users, or databases provided through this Website.
You agree that your content does not contain viruses, worms, malware, Trojan horses, or other content that could harm members or this Website.
You agree not to make use of any other user’s information other than is necessary to complete any transactions in which you and the subject of the user information are involved.
You are responsible for maintaining the security of your account.
Our Rights
You understand and agree that:
Show 1 may discontinue, suspend, or change our service at our discretion. These changes may be effective prior to notice to you. We cannot guarantee that the content you have posted will always be stored, maintained, or shown by us. We have no obligation to provide you with a copy of any content you or others provide.
We can place ads near your content, without payment to you or others. If you submit feedback and suggestions to us, Show 1 may share this feedback for any purpose, without compensation to you.
Show 1 can make format changes to your content, including translation into other languages, and can perform editing that does not alter the meaning of your content.
We may modify our prices at our discretion. To the extent allowed by law, these changes may be effective upon notice provided to you.
We may limit how you interact with our services, including limiting the nature and number of contacts with other members.
If you delete content, Show 1 will use reasonable efforts to remove it from the Website. But you acknowledge that this content may not be deleted from our storage caches immediately and that references to this content may not be made immediately unavailable
Show 1 has the right (though not the obligation), in Show 1’s sole discretion, to (a) refuse or remove any content that, in Show 1’s reasonable opinion, violates any Show 1 policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Website to any individual or entity for any reason.
Show 1 reserves the right to restrict or terminate your account with no notice to you if it deems that you are misusing our Website or violating our Terms of Use.
Third Party Websites
This Website contains links to other websites, mobile application, and information sources. All content in these links is provided for your information and convenience only, and you agree that you access or use third party sites solely at your own risk. Show 1’s inclusion of linked websites does not signify that we endorse those websites or their content. Show 1 is not responsible for the content, operation, availability, or functionality of any linked sites. No information contained in third party linked sites should be construed as an offer or promise made by Show 1.
You agree that Show 1 does not screen or approve the content of linked sites, but it has the right (not the obligation) to refuse, modify, delete or move any such content for any reason, at its sole discretion. Show 1 cannot control whether information described on linked sites are truthful, accurate, or will deliver what they claim.
You expressly acknowledge and agree that under no circumstances shall Show 1 and its affiliates be liable or responsible for any damage, loss, harm, distress, or inconvenience borne by you as a result of your exposure to content or information on our Website or linked sites, including illegal, defamatory, and offensive conduct by other subscribers or third parties.
Your interaction with linked sites is governed by the terms of use and policies of those sites, not this Website. It is your responsibility to make sure your submissions to any linked site comply with that site’s terms and policies. Please review the terms of use and policies of linked sites before using them.
Information you post on this Website may be shared on third party sites by persons or agent not associated with Show 1. Show 1 cannot control and takes no responsibility for how such information is distributed or for what purposes it may be used.
Intellectual Property Rights
When you submit content to the Website through your membership account, you grant Show 1 a non-exclusive, worldwide, irrevocable, perpetual, royalty-free license to use this content, including, but not restricted to, using, copying, transmitting, editing, modifying, translating, and promoting your content. You also agree that Show 1 can sublicense these rights as permitted by law. Show 1 will not pay you for your submission. In submitting content, you agree that you have all the rights necessary to grant Show 1 the rights described above.
Show 1 and its affiliates are in no way responsible and cannot be held liable for members posting content that fringes the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, licensed images, or images claimed to be owned by another. Show 1 does not assume responsibility for and does not expressly or implicitly endorse any of Your Content.
It Is up to you to notify another member if you think your rights have been violated. Show 1 cannot be held liable for any intellectual property infringement perpetrated by members.
Disclaimer of Content Accuracy
Show 1 offers this Website solely for your convenience, entertainment, and information. Your use of any information, materials, or services offered on this Website is undertaken entirely at your own risk. To the fullest extent permitted by law, Show 1 provides no warranty, nor assumes any legal liability for the accuracy, timeliness, performance, completeness, or suitability of any content, service, or information on this Website. Show 1 further does not guarantee that the function or content of this Website will be uninterrupted, error-free, that defects will be corrected, that our servers are free of viruses or other harmful components, that third parties may not obtain unauthorized access to personal records, or that other omissions and defects could conceivably lead to harm or inconvenience. You are solely responsible for your access to, use of, and reliance upon any content found in this Website. You must conduct appropriate and prudent investigation, inquiry, research, and due diligence with respect to your interaction with any content on this Website.
Show 1 makes no representation that content, services, or information on its Website is available or relevant in all locations worldwide. When you use this Website, you are responsible for compliance with all local and national laws. You may not export or use content of the Website in violation of any export laws, rules, or regulations.
Limitation of Liability
You agree to hold Show 1 harmless for any damages or suffering to you or any third party as a result of your use of this Website. In no event shall you hold Show 1, its owners, employees, agents, associated sites, web hosting service providers and suppliers, or persons involved in the creation, production, and operation of this Website, liable to you for any direct, indirect, incidental, punitive, actual, consequential, special, exemplary, or other damages. Such potential damages include, without limitation, damages for loss of use, data, or revenue, pain and suffering, emotional distress, or similar damages arising from use of the Website, including the content, software, products, and services made available by third party websites and users, suspension or termination of services, or inability to access services, whether based on contract, negligence, or otherwise, even if the Show 1 parties have been advised of the possibility of such damages.
Show 1 makes effort to protect the Website against viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming elements that are intended to damage or detrimentally interfere with operations and data. Show 1 will try to remove any control and eliminate any viruses and computer harm found, as soon as possible. But Show 1 cannot be held responsible or liable if these should damage a person’s computer or mobile device, or if personal data, material, postings, or other assets should be affected, damaged, or lost.
You agree that you use any of the Websites’ content or services at your own risk and that you are solely responsible for any loss of data or damage to your computer system, and that you shall assume the full financial costs of any necessary repairs to your computer systems resulting from such damage.
Show 1 has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portions of the Website at any time without notice. Show 1 cannot be held liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
Indemnification
You agree to indemnify, defend, and hold harmless Show 1, its corporate affiliates, directors, officers, employees, agents, and licensors, and third-party vendors harmless against all losses, damages, costs and expenses, including, but not limited to reasonable attorneys’ fees, made by any third party or resulting from your use of the Website, submission of material through your member account, violation of any law or third-party rights, breach of any Terms of Use, or your misuse of the Website.
Release
You agree to release Show 1, its corporate affiliates, directors, officers, employees, agents, and licensors, and third-party vendors from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Disclaimer of Warranties
Show 1 offers this Website solely for your convenience and information. Your use of any information, materials, or services offered on this Website is undertaken entirely at your own risk.
Show 1 and its affiliates make no express or implied warranties about its Website, content, and services, regarding, but not limited to, its quality, accuracy, appropriateness, value, suitability, timeliness, performance, adequacy of services, and veracity. This disclaimer includes the implied warranties of merchantability, completeness, quiet enjoyment, uninterrupted or error-free access or use, fitness for a particular purpose, and non-infringement, to the extent permitted by applicable law. Show 1 further does not warranty that defects will be corrected, that our servers are free of viruses or other harmful components, that content could be offensive, that third parties may not obtain unauthorized access to personal records, or that other omissions and defects could conceivably lead to harm or inconvenience.
The Website is offered “as is” and without warranties, with all faults, and as available. In no event will Show 1 be liable for any special, indirect, incidental or consequential damages, even if Show 1 has been advised of the possibility of such damages.
Third Party Rights
For the benefit of Show 1, certain third parties associated with this Website shall have the right to enforce these Terms against you on their own behalf. These parties are Show 1’s officers, directors, employees, affiliates, agents, suppliers, and licensors.
Law And Forum For Disputes.
These Terms shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules. You and Show 1 agree to submit to the personal and exclusive jurisdiction of the courts within the county of Santa Barbara, California, for any and all disputes, claims and actions arising from or in connection with these Terms of Use and/or Services.
Dispute Resolution
Should a dispute arise, Show 1 will apply full effort to resolving the issue through dialogue and negotiation. But if a dispute requires legal intervention, the following terms will apply.
PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All claims and disputes arising under or relating to these Terms and/or Services are to be settled by binding arbitration. Arbitration is a legal technique for the resolution of disputes outside the courts, in which parties refer their disputes to one or more persons (the "arbitrators") by whose decision (the "award") they agree to be bound. Arbitration is usually is faster, more cost-effective, and more informal than court hearings or trials. But agreeing to arbitration means that you waive your right to go to court before a judge or to have a jury trial; and court review of a judgment is limited. However, you may take your claim to Small Claims Court if your claim qualifies. The Federal Arbitration Act and the Federal Arbitration Law apply to this agreement.
Arbitration shall be administered by Arbitration Resolution Services (ARS), a global arbitration and mediation service that resolves disputes through online, telephone, and video-cam communication, significantly reducing costs for all parties. The parties expressly agree to abide by any and all rules of ARS as found in their website at www.arbresolutions.com. The decision of the arbitrator will be binding on all parties. The arbitrator will issue a written statement of decision describing the award of any damages and the findings and conclusions on which the award is based. In the event that a party fails to pay any award, the award may be converted to judgment in a court of competent jurisdiction. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If, for any reason, arbitration cannot proceed and the dispute must go to court, we both waive our right to a jury trial.
To begin an arbitration proceeding, you must submit one letter describing your claim to Show 1’s registered agent, Legal Zoom.com, LLC, 101 N. Brand Blvd, 11th Floor, Glendale, CA, 91203. You must then register your claim at www.arbresolutions.com. You must also pay a filing fee, as described in ARS guidelines.
You agree that you may bring claim against Show 1 as an individual, but not as a member of a class, consolidated, or representative action. This means that YOU GIVE UP YOUR RIGHT TO PURSUE A CLASS ACTION AGAINST SHOW 1.
You acknowledge that you have been advised that you can consult with an attorney before deciding to agree to arbitration as described above.
Improperly Filed Claims
All claims you bring against Show 1 must be resolved in accordance with this dispute resolution section. Should you file a claim contrary to our dispute resolution section, it shall be considered improperly filed. Show 1 may recover attorneys' fees and costs up to $1000.00, provided that Show 1 has notified you in writing that your claim was improperly filed, and you have failed to promptly withdraw the claim.
Opt Out
You have the right to reject this arbitration provision. If you reject, your membership account will no longer be subject to an arbitration provision. You can reject arbitration by writing to us at Show 1, 3463 State Street, #381, Santa Barbara, CA 93105. Your letter must be postmarked no later than 30 days after you accept our Terms of Use by signing up to use our member services. We will not close your account if you opt out of arbitration. Your letter should state: “I wish to opt out of the arbitration provisions described in Show 1’s Terms of Use.” The letter should include the date and should list your name, address, email address, and your user I.D. for Show 1.
California Regulations
Show 1 complies with California’s Digital Media Copyright Act, Calif. Bus. & Prof. Code §§ 22580-22582
Show 1 complies with California's Privacy Rights for California Minors in the Digital World Act, also called the "eraser" bill. This regulation permits minors to remove, or to request and obtain removal of, content or information posted on an Internet Web site, online service, online application, or mobile application. It also prohibits an operator of a Website or online service directed to minors from marketing or advertising to minors specified products or services that minors are legally prohibited from buying. The law also prohibits marketing or advertising certain products based on personal information specific to a minor. More information may be found at http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=22001-23000&file=22580-22582
General
If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.
Special Terms Relating To Show 1 Personal Profile Pages
You agree that you are 13 years or older before you use Show 1’s Personal Profile pages. If the law in your state or country requires that you must be older than 13 years old to use these services without parental consent, you agree that you have reached that minimum age. If you engage in any buying, selling, or financial transactions on the Personal Profile pages, you must be 18 years old or agree that you have parental consent.
You understand and agree that any information or content you publish on the Personal Profile Pages can be seen and used by everyone, including users who are not members of the Pages.
You agree that you are not a convicted sex offender.
You agree to obtain consent from other users before collecting information from them and to post a privacy policy that explains how you will use that information. You will state clearly that it is you and not Show 1 who is requesting or collecting the information.
You give us permission to place ads near your content, without payment to you or others. We may use your public content and declared interests in connection with ads or related content. If you are under the age of 18, you agree that a parent or legal guardian also agrees to this section on your behalf.