Terms & Conditions

Updated: September 28, 2021

Please carefully read these Terms of Use and our Privacy Policy which is incorporated into these Terms of Use by this reference.  These Terms of Use apply to the Show&Sell mobile application (the “App”).  

Unless otherwise noted, the App is the property of Show&Sell and its suppliers and licensors. By downloading and using the App, you agree to these Terms of Use, our Privacy Policy and all applicable laws and regulations.  If you do not agree to these Terms of Use, do not download or use the App.  

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. 

Show&Sell reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following the posting of changes indicates your agreement to and acceptance of the changes.  

Privacy and Data Security

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.  Additionally, by using the App, you acknowledge and agree that electronic transmissions are never completely private or secure. You understand that transmissions to or through the App may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  Please do not send us any sensitive personal information.

Content

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.

Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Show&Sell’s express prior written consent.

User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the App either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Show&Sell and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Show&Sell shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.   With respect to all other Submissions, you hereby grant Show&Sell an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use.  

 

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.  

User Subscriptions

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.

Copyright Policy

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 showandsellmobile@gmail.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

Fees

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.

Indemnity

You agree to indemnify and hold Show&Sell harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Show&Sell by any third party due to or arising out of or in connection with (1) your access to or use of the App; (2) your violation of these Terms of Use or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.  

Violation of These Terms of Use

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.

You agree that Show&Sell may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the App and/or block your future access to the App if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Show&Sell for which monetary damages would be inadequate, and you consent to Show&Sell obtaining any injunctive or equitable relief that Show&Sell deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Show&Sell may have at law or in equity.  

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.  

You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising hereunder or relating hereto shall be resolved by binding arbitration in Seattle, Washington.  Any arbitration between you and Show&Sell will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA.

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.

To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Seattle, Washington for the purpose of litigating all such disputes.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.  YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS OF USE. 

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.

Miscellaneous

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the App, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with the Privacy Policy and any other legal notices published by Show&Sell, constitute the entire agreement between you and Show&Sell with regard to your use of the App. Show&Sell’s failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by Show&Sell of any provision or any right it has to enforce these Terms of Use.  Any such waiver must be in writing in order to be effective.  These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

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

Please contact us if you have any questions about our Terms of Use by emailing us at showandsellmobile@gmail.com, contacting to us at 10539 Peter Anderson Rd.,

Burlington, WA 98233, or by using the “Contact Us” link within the App.