Terms of Use

showground, inc.
Terms of Use

Last Updated: September 21, 2018

Welcome to the showground Terms of Use (the “Terms”). showground is a platform for connecting music fans, musicians, and venues. Please read these Terms carefully because they govern your use of our music discovery and artist platform and the services and products available at or through the website. Please read the Terms carefully. If you have any questions,  contact us at info@showground-app.com. To make these Terms easier to read, the website, our mobile application, and our products and services are collectively called the “Platform.”

Agreement to Terms

By accessing, installing, or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Platform.

Changes to Terms or Platform

We may modify the Terms and our Platform at any time, in our sole discretion. If we do so, we may let you know by email or by posting notice on our website. It’s important that you review the Terms whenever we modify them because continuing to use the Platform after we have posted modified Terms on our website indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Platform immediately. Because our Platform is evolving over time we may change or discontinue all or any part of the Platform at any time, and without notice to you, at our sole discretion.

Creating an Account

In order to access and use the Platform, you will need to create an account (your “Account”). By creating an Account, you become a “User” and represent that you are thirteen (13) years or older and are not barred from using the Platform under applicable law. Different types of User Accounts can be created on the Platform, namely, a Venue User Account and an Artist User Account.

Your Account should be yours – don’t use the Platform under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization. You must be a human to use the Platform and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Platform. “Robot” (or automatic) activity is not allowed. Keep it real, people.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any username that you create through the Platform that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You can link your Account to various social networks and other online platforms with which the Platform is integrated. You may only link your own Account(s) and by doing so, you expressly authorize us to retain your Account information from those third party accounts on your behalf, and permit us to store your Account information for the purpose of providing the Platform.

Type of Users: Venue and Artist

Venue Users are able to create a profile and list events in the Platform and connect with Artist Users seeking to perform at a venue. Artist Users are able to create artist profiles, create or list events in the Platform, and connect with Venue Users, and others. These Terms are intended to apply to all types of users of the Platform. Certain types of users, namely Venue providers, may be subject to additional terms based on potential other services or promotional opportunities that may become available through the Platform. In the event there is a conflict between these terms and other agreements provided through this Platform, these Terms shall govern unless expressly stated in a separate written agreement with a user.

Platform for Venues and Events

We are not the creator, organizer, or responsible for shows or other events listed in our Platform, but rather we provide a platform for Venue Users to manage and promote events and connect with Artist Users and for Artist Users to create and list events and connect with Venue Users. Users are responsible for ensuring that an event listing meets all applicable laws and regulations and that the goods and services included on an event page are delivered as described and in an accurate and satisfactory manner. Event attendance is done so at the risk of the attendee. Attendees agree to comply with all conditions of entry to the event, including age restrictions.

User Content

Our Users may post, upload, and/or contribute content to the Platform. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Platform; and (ii) any Content that Users (including you) provide to be made available through the Platform.

You are responsible for the Content that you post to the Platform, including its legality, reliability, and appropriateness. By posting Content to the Platform, you grant showground a non-exclusive, transferable, sub-licenseable, worldwide, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Platform. You agree that this license includes the right for us to make such Content available to other Users of the Platform, who may also use such Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of the Content on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

showground does not claim any ownership rights in any Content that you make available through the Platform and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content. However, you grant us a non-exclusive, non-transferable, non-sublicenseable, worldwide license to use any Content submitted by you in relation to the Platform, including for the promotion and advertisement of the Platform.

User Conduct

We invite you to participate in our community, but ask that you respect other Users just like yourself when posting Content and using the Platform.

Play nice!

You Agree NOT to:

  • use language or transmit content that may be considered offensive or profane to other Users or users. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.

  • harass or threaten other Users. Harassing behavior and language includes insults, ethnic or homophobic slurs, defamatory statements, invasive statements that may infringe on a User’s privacy, or the transmission or sharing of any content that may cause another User or user to experience ridicule, threat, or discomfort.

  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;

  • publish falsehoods or misrepresentations that could damage us, our Users, or any third party;

  • publish any private information of someone (like their address or phone number) without their permission;

  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • post advertisements;

  • impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals;

  • solicit a User’s password or other Account information; or

  • harvest User names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exhaustive. We don’t have an obligation to monitor your access to, or use of, the Platform, but we reserve the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Platform.

You can remove your Content by specifically deleting it. However, in certain instances, some of your Content (such as posts or comments you make) may not be completely removed, or may not be removable (audible content), and copies of your Content may continue to exist on the Platform. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of the Content.

showground’s Content

Subject to your compliance with these Terms, showground grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our content (“ showground Content”) solely in connection with your permitted use of the Platform. For the purposes of these Terms, showground Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by showground or our affiliates.

You have the right to view and access showground Content. However, you may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute showground Content or the Platform to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Platform or showground Content; or (iii) use the Platform or showground Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

All showground trademarks, service marks, trade names, logos, domain names, and other features of the showground brand (the “Brand”) are the sole property of showground or its licensors, and this agreement does not grant you any rights to use the Brand, whether for commercial or non-commercial use.

Intellectual Property

The Platform contains material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information, and all showground Content. showground and any of its licensors exclusively own all right, title, and interest in, and to the Platform and showground Content, including all associated intellectual property rights. You acknowledge that the Platform and showground Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Platform and showground Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the showground Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

showground respects copyright law and expects its visitors and Users to do the same. It is our policy to terminate, in appropriate circumstances, the Accounts of Users who repeatedly infringe the rights of copyright holders.


The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


The notification must be sent to:


showground
Attn: Legal Department



We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Links and Advertisements of Third Party Websites or Resources

The Platform may contain links to or advertisements of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify, and hold harmless showground , or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Platform; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right; or (iv) any claim that your Content caused damage to any third party. This section shall survive these Terms and your use and termination of the Platform.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Platform. You can submit feedback by emailing us at info@showground-app.com . You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.

Privacy policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated in these Terms, and is available at www.showground-app.com/privacy-policy.

Termination

We may terminate your access to and use of the Platform and Account at our sole discretion, at any time and without notice to you.

Upon any termination, discontinuation or cancellation of the Platform or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER SHOWGROUND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHOWGROUND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Platform. Start by notifying us of your dispute by sending a notice to info@showground-app.com .

    1. Informal Negotiations : Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Platform will attempt to informally negotiate a potential settlement or resolution to the dispute;

    2. Arbitration : In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

    3. Binding Arbitration : If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between showground and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by showground under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

showground s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of showground . Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information

If you have any questions regarding these Terms, please email us at info@showground-app.com.