IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING OUR SERVICE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.
This agreement is a legally binding agreement between ShowRunner, Inc. and/or ShowRunner, Ltd. ("ShowRunner," "us," “our” and/or "we") and you concerning the streaming service we provide on behalf of our commercial partners and licensors (the "Services"). Access to and use of the Services, including through the websites operated by ShowRunner (the "Sites"), is provided by ShowRunner subject to the following. These Terms also apply to interactive features or downloads that are owned or controlled by ShowRunner, are available through the Services, or that interact with the Services and post these Terms. ShowRunner reserves the right to modify the terms and conditions of this Agreement or to change, modify or otherwise alter any feature of the Services and/or the Sites at any time in its sole discretion. Changes may be communicated to you by making the revised Agreement available for your review. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Services and/or the Sites after the revised version is made available constitutes your agreement to the revision. Your rights and access to the Services will terminate automatically without notice from ShowRunner if you fail to comply with any Term set forth herein.
ShowRunner grants you a limited, non-exclusive, non-transferable, non-commercial license to access, use and privately display the Services solely as provided in this Agreement solely for your personal use and provided that you are not in breach of this Agreement. Please note that in order to access the Services, your device(s) must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. This license may enable you to view, preview, select, stream and access video, audio, graphics, photos, text, special features, software and/or messages (collectively "Content") via the Services and/or the Sites in accordance with the terms of this Agreement during the timeframe in which your account is active and for the duration of the access window for each individual Content item. Any copying of the Services, the Sites, Content or any portion thereof will constitute a violation of copyright. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Services and/or the Sites.
To access the Services you will be required to enter the login/registration portion of the Services and provide registration details to establish a registered account ("Registered Account"). It is a condition of use of the Services that all the details you provide will be correct, current, and complete and will not violate any law. If ShowRunner or its respective partners or affiliates believe the details are not correct, current or complete, or that you have otherwise violated this Agreement or any law, we have the right to suspend or terminate your Registered Account, or refuse you access to the Services and any of its resources.
You are responsible for all activity occurring under your Registered Account, including maintaining the confidentiality of your username and password. ShowRunner shall not be liable for any loss or damage arising from the use or misuse of your Registered Account or failure to comply with the registration requirements.
THE SERVICES MAY CONTAIN MATURE CONTENT, WHICH MAY NOT BE APPROPRIATE FOR CHILDREN. Such Content is intended for those persons over the age of 18, or those persons who have received consent from a parent or guardian. If you choose to access any adult or mature Content on the Services, you acknowledge and agree that exposure to visual images and sounds that may depict nudity, sexual activity, violence, adult language, or are otherwise graphic in nature may occur. You agree that use of the Services is at your sole risk and that ShowRunner shall have no liability to you or any of your household members for the type of Content that you may access. It is your responsibility to ensure that the Content accessed by you does not violate the laws or other requirements of the applicable community.
The Services, including but not limited to the Sites, and all materials incorporated in the Services and the Sites (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of copyrighted works can result in severe criminal and civil penalties under U.S. and international laws.
Some of the characters, logos or other images incorporated by ShowRunner on the Services and the Sites may also be protected as registered or unregistered trademarks, trade names and/or Service marks owned by ShowRunner ("Trademarks"). All other trademarks are the property of their respective owners. Use of the Trademarks of ShowRunner or of any other party is not authorized in any manner other than as incorporated into the Services and the Sites.
If you believe that any Content appearing on the Services has been used or copied in a way that constitutes copyright infringement under the laws of the United States, please forward the following information to the Copyright Agent named below:
|DMCA CONTACT INFORMATION:
Content, including but not limited to video, audio, graphics, photos text, special features, software and messages may be streamed to you or otherwise made available to you through the Services. Please note that some Content items may specify a period of time that the Content is available and in which you will be able to view the Content (“access window”). During such access window, you will be able to view the Content as many times as you want, BUT ONCE THE ACCESS WINDOW FOR A PARTICULAR CONTENT ITEM TERMINATES, YOU WILL NO LONGER HAVE THE ABILITY TO ACCESS THAT PIECE OF CONTENT. It is your responsibility to monitor the access window for each piece of Content available via the Service, and ShowRunner and its partners and affiliates accept no liability for any access windows or the expiration thereof.
ShowRunner reserves the right, in its sole discretion, to disable access to any Content at any time, regardless of the posted access windows or its programming schedules.
Please note that not all Content will be available for all purposes, and that access to certain Content may depend upon your geographic location, whether you are able to maintain an Internet connection, available bandwidth and equipment used to access the Service. You should be sure to read the detailed description near each piece of Content to determine options for viewing or accessing that Content. While we do our best to keep the Content descriptions up-to-date, ShowRunner does not warrant that such descriptions will always be complete, current, or accurate. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted to the Services as a result of your subscription.
ShowRunner makes no representations or warranties that any portion of the Content containing video footage from the event you attended will be accessible via the Services. ShowRunner retains the right to substitute any or all portions of the Content containing actual video footage from the event you attended with video footage from another event.
At various times, ShowRunner may choose to make available updates, bug fixes, or other changes or enhancements to the Services (collectively, "Service Updates"). Service Updates may be: (a) automatic, such as in connection with general website changes and additional features or updates to data required by the Service; (b) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and/or (c) mandatory, in which case you will be required to consent to the Services Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Services.
We charge for access to the Services and the Services are provided as a convenience to event ticket holders. We may run promotions and sales for access to the Services or make access available at discounted prices for a set period of time. The price applicable will be the price at the time you complete your Service subscription purchase (at checkout). Any price offered for access to particular Content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only. If you are logged into your account, the listed currency you see may be based on your location when you created your account. If you are not logged into your account, the price currency may be based on the country where you are located.
If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Services you subscribed to, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Service or Content for which we have not received adequate payments.
In some cases, we may issue credits to your account. Credits may expire if not used within the specified period, and have no cash value. If the Service you purchased is not what you were expecting, you can request, within 30 days of your purchase, that ShowRunner credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased the Services. No credit or refund is due to you if you request it after the 30-day time limit has passed.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to the Services due to your violation of these Terms, you will not be eligible to receive any credit or refund.
ShowRunner provides the Content as a convenience to event attendees, participants, and/or ticketholders and neither ShowRunner nor any artists, performers, speakers, educators, presenters, participants or other persons or individuals appearing or represented in any Content endorse or make any representations regarding any venue, product or service shown or referenced in any Content.
ShowRunner reserves the right to cancel, terminate or restrict your access to the Services at any time, without notification, for any or no reason whatsoever.
If you need assistance with the Services and are unable to resolve your question via our Help feature of the Services, please contact us at email@example.com.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR USE OF THE SERVICES AND THE SITES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND CONTENT IN THE SERVICES AND THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHOWRUNNER, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHOWRUNNER, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SHOWRUNNER'S SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT PARTICULAR CONTENT FROM A PARTICULAR SHOW WILL BE ACCESSIBLE. SHOWRUNNER, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR OTHER CONTENT IN THE SERVICES OR ANY SITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SHOWRUNNER, ITS AFFILIATES, RESPECTIVE PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO FAILURE OF PERFORMANCE, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES AND/OR THE SITES OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, FUNCTIONS OR CONTENT ON THE SERVICES AND/OR THE SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF SHOWRUNNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SHOWRUNNER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICES AND/OR THE SITES AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
References in this paragraph to "ShowRunner," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, licensees, licensors or providers of content, successors, and assigns, as well as all authorized or unauthorized users of the Services under this or prior Agreements. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this Agreement, you and ShowRunner are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, return receipt requested, or by other mail delivery service that provides proof of delivery (e.g., FedEx), a written notice of dispute ("Notice"). The Notice to ShowRunner should be addressed to:
|ShowRunner Dispute Department
|3952 Camino Ranchero
|Camarillo, CA 93012
|United States, ("Notice Address")
The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). If ShowRunner and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or ShowRunner may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ShowRunner or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ShowRunner is entitled.
If your claim is for less than $10,000, upon written request to the Notice Address prior to commencement of the arbitration, ShowRunner will advance the arbitration filing fee and arbitrator's costs by direct payment to the appropriate entity. If the arbitration proceeding is decided in ShowRunner's favor, you shall reimburse ShowRunner for the fees and costs advanced to the extent available in a judicial proceeding. If the arbitration is decided in your favor - which occurs if there is an award to you that is greater than the value of ShowRunner's last written settlement offer made before an arbitrator was selected - you will not be required to reimburse ShowRunner for any of the fees and costs advanced.
All issues are for the arbitrator to decide. Unless ShowRunner and you agree otherwise, any arbitration hearings will take place either (i) in person in the county (or parish) of the billing address associated with your subscription, which records shall be the sole determinant, or in Ventura County, California, at your option, or (ii) by video conference during which you shall be able to appear from the county (or parish) of the billing address associated with your subscription, which records shall be the sole determinant, or any other location of your choosing which has appropriate video conference facilities available. If your claim is for $10,000 or less, there shall be no in person hearing; and we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by video conference as established by the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). If your claim exceeds $10,000, the right to and format of a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Each party shall be responsible for their own attorneys fees. Although under some laws ShowRunner may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration, ShowRunner agrees that it will seek such an award only in the event that the substance of your claim or the relief sought has been deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
YOU AND SHOWRUNNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ShowRunner agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
As a Registered Accountholder, your use of the Services enables you to enter into agreements and/or to make purchases electronically. You acknowledge and agree that your electronic submissions constitute your agreement and intent to be bound by any such agreements and/or purchases, including without limitation all transactions you enter into in connection with the Service.
In addition to the other disclaimers set forth under this Agreement, ShowRunner shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, illness or incapacity of any artist, performer, speaker, educator, presenter, participant or other persons or individuals appearing or represented in any Content, or withdrawal of content, or other cause beyond its control.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the software may not be exported or re-exported into any U.S. embargoed countries or to any persons listed as prohibited under applicable law or regulation.