Updated: September 28, 2021
The App is not intended for the use of children under 18 and no such person is authorized to use it. By using the App, you are representing that you are at least 18 years old and of legal age to enter into legal agreements.
Privacy and Data Security
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the App is owned, controlled, supplied by or to, or licensed by or to Show&Sell and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
User Submissions, Feedback and Information
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Show&Sell. You consent, for yourself and on behalf of any other person or child whose information, likeness or images of their property you submit to Show&Sell, to the use by Show&Sell of the images and information and that they are submitted in compliance with all applicable laws. You are responsible for any Submission you provide and for any consequences arising therefrom.
Your Use of the App
In connection with your use of the App, you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the App, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the App to transmit, distribute, post or submit any information concerning any other person or entity;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- “scrape,” “crawl” or “spider” any web pages or other content or services contained in the App;
- display, mirror or frame the App, or any individual element within the App, any Show&Sell’s or any of its suppliers’ name, any trademark, logo or other proprietary information of Show&Sell and its suppliers, or the layout and design of any page or form contained on a page, without Show&Sell’s express written consent;
- access, tamper with, or use non-public areas of the App, Show&Sell’s computer systems, or the technical delivery systems of the App’s providers;
- attempt to probe, scan, or test the vulnerability of any Show&Sell system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Show&Sell or any of Show&Sell’s providers or any other third party (including another user) to protect the App or any of the content on the App;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App or its services; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a User that in our discretion restricts or inhibits any other user from using or enjoying the App is expressly prohibited.
Show&Sell reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App or its services, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
User Details and Pictures
In connection with the use of the App the you may create a user profile (“User Profile”) by providing certain personal details (“User Details”) as well as additional images (“Pictures”). In connection with the use of App certain data—potentially also personal data—including the User Details and Pictures, will be collected in order to provide the App’s functions to you.
You represent and warrant that (a) the User Details you provide are truthful, (b) you own the necessary rights to provide the User Details and the Pictures, as well as to grant the rights of use as set forth in the next paragraph, and (c) you are not infringing any privacy right by providing and using the User Details and Pictures.
You hereby grant Show&Sell the right to use your User Details and Pictures for purposes of providing the App and its functions.
SUBSCRIPTIONS ARE PURCHASED (AND CANCELLED) THROUGH THE APPLE APP STORE OR THE GOOGLE PLAY STORE. TO MAKE CHANGES TO YOUR SUBSCRIPTION, ACCESS YOUR APPLE APP STORE OR GOOGLE PLAY STORE ACCOUNT AND FOLLOW THE INSTRUCTIONS TO CHANGE OR CANCEL YOUR ACCOUNT OR SUBSCRIPTION.
SUBSCRIPTIONS TO THE APP MAY BE AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT THE CREDIT CARD THAT YOU PROVIDE FOR YOUR INITIAL PURCHASE WILL BE BILLED ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR THE APP, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. Please let us know immediately if you suspect any unauthorized use of your credit card or login credentials. Subscribers may cancel their subscription any time before it renews for the next month in order to avoid billing of subscription fees for that month to your credit card. We may cancel your access to the App at any time upon notice to you. If we cancel your access, you may cancel your account and seek any applicable refund for your unused portion of your subscription from the Apple App Store or Google Play Store (as applicable).
Subscription fees are subject to change. If we change our rates, we will provide notice to you in advance of your renewal period and give you an opportunity to cancel.
We do not permit copyright infringing activities and infringement of intellectual property rights on the App and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the App;
- identification of the URL or other specific location on the App where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at email@example.com
or by mail at Copyright Agent, c/o Show&Sell, 10539 Peter Anderson Rd., Burlington, WA 98233.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation
You will be presented with the amount of any fee prior to processing the transaction.
Links to Other Sites
The App may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our Users. Such Linked Sites are not under Show&Sell’s control, and Show&Sell is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
THE APP AND ALL SERVICES, TOOLS AND CONTENT OFFERED THROUGH THE APP ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL SHOW&SELL OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF SHOW&SELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHOW&SELL’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE AMOUNT OF FEES PAID OR OWED BY YOU TO SHOW&SELL DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BY USING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Show&Sell may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Show&Sell’s rights or property, or the rights or property of visitors to or users of the App. Show&Sell reserves the right at all times to disclose any information that Show&Sell deems necessary to comply with any applicable law, regulation, legal process or governmental request. Show&Sell also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law; Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SHOW&SELL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Users Outside of the United States
Show&Sell and the App are operated in the United States. Although the App is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the App are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to download and access the App from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Burlington, WA 98233, or by using the “Contact Us” link within the App.