Show Starter™ Scheduling and Budgeting Plus (the "Software") is a Web-based application created and wholly owned by DMA Ink, a California corporation, doing business as Show Starter™ ("Show Starter" or the "Company"), that allows users to create a comprehensive production schedule and budget via a monthly calendar interface and complete their front-end deliverablesbudget, cash flow and contact sheetat the same time.
The Software is a Web 2.0 application, accessible online via ShowStarter.net (the "Web site") from any computer (PC or Mac) anywhere at any time using compatible browsers, through which users can create, modify and delete projects and share them with other registered users. The Software offers advanced calendaring, editing functionalities, filtering options and built-in reports, and it includes default templates that feature standard departments, line items, line item amounts and staff and vendors for production. It also is fully customizable for users who want to set up their own chart of accounts, departments and line items.
Should you object to any term or condition of these Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with Show Starter™ in any way, your only recourse is to immediately discontinue use of the Show Starter™ Web site and Services.
YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT.
By purchasing a license and subscribing and using the Software, you agree to be bound by these Terms of Service ("TOS"). Please read this carefully and save it. This is a legal contract between you, either an individual of at least 18 years of age or a single entity, and Show Starter regarding your use of the Show Starter™ Software, Services and Web site (as defined throughout this TOS).
IF YOU ARE USING OR OPENING AN ACCOUNT WITH SHOW STARTER™ ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS (AND AGREE TO THESE TERMS ON BEHALF OF SUCH ORGANIZATION).
Membership in the Services is void where prohibited. Accounts registered by automated methods are not permitted. You must provide a valid email address and any other information requested in order to complete the signup process.
Entry into the Client areas of the ShowStarter.net Web site (the "Web site") is permitted only to those Clients who have subscribed by purchasing a Software license, or have accepted any applicable end user license agreement ("Agreement") (by digital signature or otherwise), and agree to be bound by the following terms and conditions:
LICENSE GRANTS AND RESTRICTIONS.
Purchasing a license to use the Software entitles you, an individual, corporation or other legal entity (the "Client"), to access and utilize all Client-oriented functionalities of the application from a compatible Internet browser and/or related desktop application. All registrations result in the issuance of a single user ID, or a set of individual IDs, each of which may be used by a single individual only and may not be shared with any other individual for any reason whatsoever. To use the Software, you must subscribe to the Software by registering and purchasing an individual license to do so.
Show Starter™ hereby grants you a non-exclusive, non-transferable, worldwide right to use its Services, solely for your own internal purposes, subject to the terms and conditions of this Terms of Service and any applicable Agreement. All rights not expressly granted to you are reserved by Show Starter™.
Membership and Subscription Pricing.
You may become a Client of the Service by submitting payment in accordance with this Terms of Service. As a Client, you will have the ability to participate in the features and services available within the Software, depending upon your selection of the level and durational term of service at the Payment Plans Page. You may choose to pay additional cost(s) in order to access additional features and services. Please see the Payment Plans Page for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service, in additional to any applicable Agreement, are deemed part of this TOS. Please see Payment Plans Page for a description of such policies.
DESCRIPTION OF CLIENT SERVICES.
Through the Web site and any related desktop applications, Show Starter™ provides Clients with access to the Software, your projects, site-wide contact database, software upgrades, enhancements, new features, a variety of resources, download areas, help videos and text, and product information (collectively "Client Services"). The Client Services are subject to the TOS.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
Use of the Client Services requires you open an account on the Web site. To do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You also may be required to provide secondary authentication through a token or dongle, including but not limited to a valid mobile phone and number. You are entirely responsible for maintaining the confidentiality of your password and account and the security of any token designated necessary for secondary authentication. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify Show Starter™ immediately of any unauthorized use of your account or any other breach of security. Show Starter™ will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by Show Starter™ or another party due to someone else using your account or password. No user may access any account on the Web site at any time, unless that user is a registered Client or has been named as a licensee through the purchase of an additional license for the account by the registered Client.
PAYMENT AND REFUNDS.
Show Starter™ charges and collects in advance for use of a Software license. A valid credit card is required.No refunds will be made following purchase. No exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Show Starter™ claims no intellectual property rights over the information or materials you post and/or share on the Web site. You understand that all entries, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Web site, are the sole responsibility of the person from whom such Content originated. You warrant that you are authorized to post and/or share on the Web site any and all Content you so post and/or share, and you further indemnify Show Starter™, its parent companies, subsidiaries, and affiliates from any and all liabilities and causes of action associated with your actions, per the Indemnification section below.
ADVERTISEMENTS AND PAID LISTINGS.
You agree and understand that some parts of the Show Starter™ Web site may display ads and other information adjacent to and related to the Content. Any such ads or other information is served using a completely automated process. No human will read your Content in order to target such advertisements or other information without your consent, and no email content, addresses, or other personally identifiable information will be provided to advertisers as part of the Show Starter™ Web site. Your communication or business dealings with, or participation in promotions of, advertisers found on or through the Show Starter™ Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Show Starter™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Show Starter™ Web site.
You further agree and understand that the Show Starter™ Software's contact database may include paid listings and that such listings will be identified as paid. Your communication or business dealings with, or participation in promotions of, paying contacts found on or through the Show Starter™ Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Show Starter™ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such paying contacts on the Show Starter™ Web site.
You agree to indemnify and hold Show Starter™, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Web site, your use of the Web site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
You may not modify, copy, distribute, transmit, display, reverse engineer, reproduce, publish, license, or create derivative works from the Software or Client Services, or undertake any other activity which violates the copyright or the exclusive rights to exploit the benefits of the Software and Services, which are the property of the Company.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any and all Software on this site, or otherwise transmitted or transferred, is the copyrighted work of Show Starter™ and/or its licensed suppliers. Use of the Software is governed by the TOS and any additional Agreements, if included, which must be digitally signed prior to the purchase of the Software.
The Software is made available for licensing solely for use by Clients according to the Agreement. Any reproduction or redistribution of the Software not in accordance with the Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED IN WRITING BY THE COMPANY IN ADVANCE.
LINKS TO THIRD PARTY SITES.
Some links in the Web site take you off ShowStarter.net to sites which are owned and under the control of entities which are not affiliated or controlled by the Company in any way. The linked sites not under the control of Show Starter™ may be subject to different Terms of Service and Privacy Policies and it is your obligation to read those policies prior to any activity you undertake on such linked sites. Show Starter™ is not responsible for the contents of any linked site.
NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Client Services, you will not use the Client Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not share your user ID, password and/or token at any time with any other user. You may not use the Client Services in any manner that could damage, disable, overburden, or impair any Show Starter™ server, or the network(s) connected to any Show Starter™ server, or interfere with any other party's use and enjoyment of any Client Services. You may not attempt to gain unauthorized access to any Client Services, other accounts, computer systems or networks connected to any Show Starter™ server or to any of the Client Services, through hacking, password mining, token modification or any other means. You may not send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights. You may not send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Client Services.
Any of the acts above, or similar or additional unlawful or prohibited acts, are cause for immediate account termination, per the "Termination for Cause" section below. No refunds will be issued for terminated accounts for any reason whatsoever.
YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:
(i) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Clients of Show Starter™. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(ii) use Show Starter™ in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
(iii) defame, harass, abuse, threaten or defraud users of Show Starter™, or post, upload, or distribute any content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
(iv) share, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein;
(v) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Show Starter™ accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via Show Starter™, or perform any other similar fraudulent activity;
(vi) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of Show Starter™, features that prevent or restrict use or copying of any content accessible through Show Starter™, or features that enforce limitations on the use of Show Starter™, or intentionally interfere with or damage operation of Show Starter™ or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(vii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Show Starter™ or any part thereof; modify, adapt, translate or create derivative works based upon Show Starter™ or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
TERMINATION AND CANCELLATION.
You can permanently delete your paid subscription account by sending an email to email@example.com with the word "Cancel" in the subject line. You must send the email from the same email address registered as the user ID on your account. We will send a reply email confirming the cancellation. Free trials automatically terminate upon expiration of the free trial period. Be aware that terminating your account or allowing your free trial to expire without subscribing to a paid plan may result in the immediate deletion of all your Content from the Show Starter™ Web site and that this information cannot be recovered once your account is terminated. No refund, whole or partial, will be issued for paid subscription account termination for any reason.
TERMINATION FOR CAUSE.
Any violation of the Terms of Service will result in the termination of your account. In the event of a termination, your account will be disabled and you may not be granted access to your account or any files of other Content contained in your account. You agree and acknowledge that Show Starter has no obligation to retain your data, and may delete such data, if you have materially breached the Terms of Service and your account has been terminated.
JURISDICTION AND CHOICE OF LAW.
Show Starter™ is controlled and operated by Show Starter™ and its parent companies, subsidiaries, and affiliates from its U. S. offices in California. We make no representation that materials on any Show Starter™ Web site are appropriate or available for use in any particular location. Those who choose to access a Show Starter™ Web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any information or data from this site is further subject to United States export controls. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
No software, information or data from this Web site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U. S. has embargoed goods; or (ii) to anyone on the U. S. Treasury Department's list of Specially Designated Nationals or the U. S. Commerce Department's Table of Deny Orders. By licensing, downloading or using the information or data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. For Clients residing outside the United States of America and using Show Starter in another territory, any dispute or claim arising out of or in connection with this TOS or your use of Show Starter™ shall be finally settled by binding arbitration in Los Angeles, California under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Clients residing inside the United States of America and using Show Starter™ in the United States, you agree that any action at law or in equity arising out of or relating to this TOS or Show Starter™ as an entity will be filed only in the state or federal courts in and for Los Angeles County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
We reserve the right, at our sole discretion, to amend, change, modify, add, and/or delete portions of these terms and conditions of use in this TOS at any time. In the event that we do so, we will notify you of any such change, modification, addition, and/or deletion by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the any such change, modification, addition, and/or deletion on the Web sites covered by these terms and conditions of use. Any such change, modification, addition, or deletion will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of such notice on the Web sites covered by these terms and conditions of use. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions, and/or deletions described in the notice. Your continued use of Show Starter™ following the delivery of such notice will constitute assent to any and all changes to the TOS.
DISCLAIMER OF WARRANTIES.
SHOW STARTER™, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF SHOW STARTER™ , THE SHOW STARTER™ SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, EXCEPT SUCH WARRANTIES AS MAY BE PROVIDED IN THE AGREEMENT.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, LICENSE, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH SHOW STARTER™ OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS AS A RESULT DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE LICENSING, DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOW STARTER™ WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT THIS DISCLAIMER INCLUDES SHOW STARTER™'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF SHOW STARTER™ IS AT YOUR SOLE RISK.
EXCEPT SUCH WARRANTIES AS MAY BE PROVIDED IN THE AGREEMENT, SHOW STARTER™ AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER CONTENT, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH SHOW STARTER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. SHOW STARTER™, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH SHOW STARTER™ OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
SHOW STARTER™, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
LIMITATIONS OF LIABILITY AND DAMAGES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SHOW STARTER™ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE SHOW STARTER™, THE SHOW STARTER™ SERVICES OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH SHOW STARTER™ OR OTHER SHOW STARTER CLIENTS, EVEN IF SHOW STARTER™ OR A SHOW STARTER™ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SHOW STARTER™'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL SHOW STARTER™ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF SHOW STARTER™ OR YOUR INTERACTIONS WITH SHOW STARTER™ OR OTHER SHOW STARTER™ CLIENTS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO OR USE OF SHOW STARTER™ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
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 LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SHOW STARTER™ AND RECEIVED THROUGH OR ADVERTISED ON THE SHOW STARTER™ WEB SITE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT SHOW STARTER™ HAS OFFERED ITS SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SHOW STARTER™, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SHOW STARTER™. SHOW STARTER™ WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
YOU AND SHOW STARTER™ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOFTWARE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Show Starter™ may modify its Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user, or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Show Starter™ may provide you with notices, including those regarding changes to Show Starter™'s terms and conditions, by email, regular mail or postings on the Show Starter™ Web site. Notice will be deemed given twenty-four hours after email is sent, unless Show Starter™ is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Show Starter™. In such case, notice will be deemed given three days after the date of mailing. Notice posted on Show Starter™ is deemed given 30 days following the initial posting.
The failure of Show Starter™ to exercise or enforce any right or provision of this TOS will not constitute a waiver of such right or provision. Any waiver of any provision of the TOS will be effective only if in writing and signed by Show Starter™.
If any provision of this TOS is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this TOS to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
This TOS and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Show Starter™ without restriction. Any assignment attempted to be made in violation of this TOS shall be void.
Upon termination of this TOS, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of this TOS, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Show Starter™ relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this TOS made by Show Starter™ as set forth above.
This TOS, together with the Agreement, and any and all amendments and referenced Policies, constitutes the complete, final and exclusive embodiment of the entire agreement between you and Show Starter™ with regard to your use of Show Starter™ and all of the software, services, text, graphics, audio, video or other information offered therein.
It is entered into without reliance on any promise or representation, written or oral, other than those expressly contained herein, and it supersedes any other warranties or representations and any other written or oral statements concerning your rights and obligations with respect to Show Starter, its predecessors or successors in interest.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.