Donations made during and through a Show&Tell virtual event, rather than a charity fundraiser, are generally considered to be personal gifts and are not guaranteed to be tax-deductible. You will not be issued a tax receipt from Show&Tell.
Unless otherwise agreed upon in writing, for all revenue captured through a Show&Tell virtual event, 2.9% of all gross revenue plus 30 cents per transaction goes to Stripe (which processed Show&Tell financial transactions), and 15% of gross revenue is collected by Show&Tell.
Show & Tell will function as the “controller” within the meaning of Article 4 number 7 of Regulation (EU) 2016/679, also known as the“General Data Protection Regulation” (“GDPR”).
Whenever you access our Website through your browser, or via your mobile terminal device, we will collect only the Personal Data which your browser, or your mobile terminal device, respectively, automatically transmits to us so as to allow you to visit the Website and to ensure system stability and security. This may include, in particular:
•Your IP address;
• Your device’s identifier, i.e. the unique ID number of your terminal device;
• The content, date, and time of the access request;
• The time zone of the requesting computer, respectively of the mobile terminal device;
• The website from which the access request is being referred;
• The web page for which access is being requested;
• The http status code;
• The data volume transmitted;
• Your browser ID;
• Your operating system;
• The language and version of your browser software; as well as
• The Advertising Identifier (IDFA).
Processing this data will serve the following purposes:
• To establish a trouble-free connection to the Website;
• To display our goods and services;
• To ensure the usability of our Website;
• To analyze system stability and security; and
• To fulfill additional administrative objectives.
The legal basis for this processing of the Personal Data concerning you is Article 6 paragraph 1 sentence 1 lit. f) of the GDPR. Our legitimate interest in this context results from the aforementioned data processing purposes.
We give you the option of contacting us by means of the“Contact” form provided on the Website. To use this form, you must fill in your name and a valid email address. Processing these data serves our legitimate interest in providing proper answers to your contact inquiries and is therefore performed on the basis of Article 6 paragraph 1 sentence 1 lit. f) of the GDPR.
3. Data processing for purchasing our goods and using our services
If you wish to purchase our goods and use our services, you may be asked at various times to provide us with Personal Data such as the following:
• Your postal address;
• Your email address,
• Your telephone number or mobile phone number; and
• Your credit card information.
We will process the Personal Data concerning you for the following purposes, and said Personal Data are required for these purposes:
• To fulfill contractual obligations, to perform pre-contractual measures, in accordance with Article 6 paragraph 1 sentence 1 lit. b) of the GDPR, i.e. so as to be able to transact your purchases, process your payments, provide you with customer service, correspond with you, handle claims asserted by you or us, assure the technical administration of our Website, and manage our customer data;
• To fulfill statutory requirements in accordance with Art 6 paragraph 1 sentence 1 lit. c) of the GDPR or to serve the public interest in accordance with Article 6 paragraph 1 sentence 1 lit. e) of the GDPR, i.e. so as to protect both you and us (including our affiliated companies) against fraud.
In order to process the data concerning you, we will make use of specialized external service providers, such as online-marketing providers, providers of automated marketing solutions, providers of web-analysis tools as well as IT-service providers. We carefully select the service providers and instruct them duly, they are bound by our instructions and are regularly monitored and checked.
In addition, we may transfer the Personal Data concerning you to third parties (suppliers, sub-contractors, shipping companies, the credit institutions we have contracted for payment settlement or other payment service providers) insofar as this is required for our contractual performance pursuant to Article 6 paragraph 1 sentence 1 lit. b) of the GDPR, in order to pursue our legitimate interests pursuant to Article 6 paragraph 1 sentence 1 lit. f) of the GDPR.
Finally, we may also transfer your data to our affiliated companies, insofar as this is permitted to pursue our legitimate interests within the meaning of Article 6 paragraph 1 sentence 1 lit. f) of the GDPR. These interests specifically include: processing your order, delivering the ordered goods, processing of your payment details, the provision of support services and ensuring efficient business operations.
In all other respects, the Personal Data concerning you will not be transferred to third parties unless you have first granted your consent pursuant to Article 6 paragraph 1 sentence 1 lit. a) of the GDPR or if doing so is legally permissible within the meaning of Article 6 paragraph 1 sentence 1 lit. c) of the GDPR.
Insofar as we transmit Personal Data to countries located outside of the European Economic Area (“EEA”), we will ensure that the data recipient guarantees an adequate level of data protection within the meaning of Article 45 of the GDPR. If no adequacy decision is available, Show and Tell will strive to ensure that the data recipient has put in place appropriate safeguards within the meaning of Article 46 of the GDPR and specifically utilizes the standard contractual clauses of the European Union for the transfer of data into non-EU third countries in their respectively current version.
When it comes to transferring data within the United States, Show and Tell will strive to ensure that the data recipient enters into obligation to follow and observe the principles of the Privacy Shield Framework (i.e. principles setting forth minimum standards for the handling of Personal Data).
Show and Tell utilizes so-called “cookies” on its Website, i.e. small files containing text information that are placed on your hard drive (“Cookies”) whenever you call up the Website. The Cookie will be used to store certain information about the specific terminal device you are using. This does not mean, however, that we will obtain direct knowledge of your identity in the process.
The data processed by the Cookies are required for the aforementioned purposes in order to allow us to pursue our legitimate interests and to allow third parties to purse their legitimate interests pursuant to Article 6 paragraph 1 sentence 1 lit. f) of the GDPR.
We use the analytics and tracking technologies offered by third-party-providers, described below; we do so on the basis of Article 6 paragraph 1 lit. f) of the GDPR for the following purposes (among others):
• To perform data analyses;
• To collect statistics on the use of our Website and to evaluate them so as to optimize our offering;
• To enhance and manage our offering on an ongoing basis;
• To optimize our advertising measures and quantify their success; and
• To provide you with advertising.
These are legitimate interests within the meaning of the aforementioned statutory provision.
Google has been certified under the Privacy Shield Framework, meaning that an adequate level of data protection is in place in accordance with the corresponding Implementing Decision of the European Commission. The certificate is available online for inspection under https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI. However, your IP address will first be shortened on our Website by Google within Member States of the European Union or in other states signatory to the Agreement on the European Economic Area (EEA). Only in exceptional cases will the full IP address be transferred to a Google server in the Unites States and shortened there.
Google will use this information on our behalf in order to analyze your usage of our Website, to compile reports on Website activities for us, and to provide us with other services relating to Website and internet usage. In certain cases, this information may also be transferred to third parties, insofar as this is mandated by the law or insofar as third parties have been commissioned with processing the data. Google will not merge your IP address with other data held by Google.
You can block the storage of the relevant Cookie in your browser by configuring your browser settings accordingly. Please be advised, however, that this may prevent you from using all the functions of our Website to their full extent.
In addition, you can prevent Google from recording the data generated by the Cookie regarding your usage of the Website (including your IP address) and from processing such data by downloading and installing the browser plugin available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For further information on data protection in connection with Google Analytics, please navigate to the “Help” section of Google Analytics via the following link :http://google.com/intl/de/analytics/privacyoverview.html.
In order to collect statistics on the use of our Website and in order to optimize our Website for your benefit, we also use Google Conversion Tracking. This is a service offered by Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA (“Google”). To this end, Google places a Cookie (see Section V of this Privacy Statement) on your computer whenever you reach our Website by way of a Google Ad. These Cookies become invalid after 30 days and cannot be used to identify you personally. If you visit one of our web pages and assuming the Cookie has not yet expired, both we and Google will be able to see that you clicked on the ad and that it referred you to our site. Each AdWords customer receives a different Cookie, so that the Cookies cannot be tracked across the websites of multiple AdWords customers.
Google will use this information on our behalf to generate visitor statistics for our Website. We will use these visitor statistics to determine the total number of users referred to us by AdWords advertisements and to optimize our AdWords advertising efforts accordingly. This information may also be transferred to third parties insofar as this is mandated by law or insofar as third parties process these data on a commissioned basis. Neither we nor any other advertising customers of Google AdWords will receive information from Google that allows you to be personally identified.
In the process, Google will place a Cookie on your computer(see Section V of this Privacy Statement) insofar as you use certain Google services or visit certain websites forming part of the Google content network. These Cookies cannot be used to identify you personally.
The information generated by the Cookie so placed on your computer concerning your usage of our Website (including your IP address) will be transferred to a Google server located in the United States and stored there. As explained above, Google has been certified under the Privacy Shield Framework, meaning that an adequate level of data protection is in place in accordance with the corresponding Implementing Decision of the European Commission. The certificate is available online for inspection under: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI. However, your IP address will first be shortened on our Website by Google within Member States of the European Union or in other states signatory to the Agreement on the European Economic Area (EEA). Only in exceptional cases will the full IP address be transferred to a Google server in the United States and shortened there.
You can prevent the storage of these Cookies in your browser by configuring your browser settings accordingly. Please be advised, however, that this may prevent you from using all the functions of our Website to their full extent.
Furthermore, you can object against interest-based advertising from Google. To do this, you must call up www.google.de/settings/ads from each of the internet browsers you use and then make the desired setting changes.
We also use Google Tag Manager. This service allows website tags to be managed by way of a user interface. Tags are small code elements the purpose of which includes measuring traffic and visitor behavior. Google Tag Manager merely implements such tags. This does not cause any Cookies to be placed, meaning that no Personal Data will be recorded. Google Tag Manager triggers other tags which may themselves record data under certain circumstances. Google Tag Manager does not access these data, however. Once thede activation function has been selected at the domain or Cookie level, it will remain in effect for all tracking tags implemented by Google Tag Manager.
Our Website makes use of the so-called “social plug-ins” of social networks, e.g. Facebook, Instagram, YouTube, Twitter, WeChat and Sina Weibo (Facebook, Instagram, YouTube, Twitter, WeChat and Sina Weibo being collectively referred to herein below as “Social Networks” and the corresponding plug-ins as “Plug-ins”). With these Plug-ins, we offer you the option to interact with the Social Networks and with other users, which allows us to improve our offering and to make it more appealing to you, while at the same time raising awareness of our enterprise. The legal basis for the use of social Plug-ins is Article 6 paragraph 1 sentence 1 lit. f) of the GDPR. Responsibility for ensuring data protection-compliant operations lies with the respective provider.
We use the Plug-ins of the Facebook network, such as the“Like” button. These Plug-ins are offered and operated by Facebook Inc., 1Hacker Way, Menlo Park, CA 94025, USA (“Facebook”), and are clearly designated by the Facebook logo. In addition, we utilize Plug-ins of the Instagram service, operated by Instagram LLC, 1601 Willow Rd, Menlo Park, CA 94025, USA (“Instagram”). These Plug-ins are designated by the Instagram logo. We also use the Plug-ins of the YouTube network, which is owned by Google Inc., San Bruno, California, USA (“YouTube”), whereby the YouTube logo serves as the designator.Our Website also features Plug-ins which are integrated, offered, and operated by the Twitter service owned by Twitter Inc., 1355 Market St, Suite 900, SanFrancisco, CA 94103, USA (“Twitter”), these Plug-ins are designated by the Twitter logo or the suffix “Tweet.” We furthermore utilize the Plug-ins of the WeChat network, which is offered and operated (for users in the EEA) by Tencent International Service Europe B.V., a Dutch company with its registered office in 26.04 on the 26th floor of Amstelplein 54, 1096 BC Amsterdam, Netherlands, and (for users outside the EEA, Switzerland or the People’s Republic of China (excluding Taiwan, Hong Kong and Makau) Tencent International Service Pte. Ltd., a company based in Singapore at 10 Anson Road, #21-07 International Plaza, Singapore 079903 (“WeChat”); these Plug-ins are designated by the WeChat logo. Finally, we utilize the Plug-ins of the Sina Weibo network operated by Sina Corporation, 37F, Jin Mao Tower, 88 Century Boulevard, Pudong NewDistrict, Beijing NEJ 00000, China (“Sina Weibo”), which are designated by the Sina Weibo logo.
Whenever you access a web page of ours that contains this type of Plug-in, your browser will establish a direct connection to the server of the respective Social Network. The content of the Plug-in will be transferred directly to your browser from the corresponding Social Network and will be integrated into the Website without our being able to exercise any control over said content.
Regardless of whether you maintain a user account with aSocial Network or whether you have logged on to the respective Social Network, web pages that contain Plug-ins from that Social Network will transfer information to the corresponding Social Network in the USA, Singapore or China, where this information will be stored. This will include the type and version of your operating system and browser, respectively, as well as your IP address and the domain name and/or date stamp, respectively time stamp, associated with your visit. Each time the web page is called up, the respective Social Network will deposit a Cookie containing an identifier that will remain valid for two years. Since your browser automatically co-transmits this Cookie each time a connection is established with a server, the corresponding Social Network fundamentally would be able to generate a profile of the online web pages called up by the user associated with the identifier. If you have logged on to the respective Social Network at the time, said Social Network will be able to match up the profile to the user account you maintain with that Social Network and thus to you personally. But even if you are not logged in to the respective Social Network when you use our Website, this will not preclude such a match-up from occurring, for example when you log in with the corresponding SocialNetwork at some later time.
Whenever you interact with these Plug-ins, e.g. by activating the “Like” or “Tweet” button or by posting a comment, the corresponding information will be sent from your browser directly to the corresponding Social Network and stored there, without our being able to exert any influence in this regard. The information will also be published on the Social Network and will be displayed to your contacts on said network.
For Facebook: http://de-de.facebook.com/policy.php;
For Instagram: https://help.instagram.com/519522125107875?helpref=page_content;
For YouTube: https://policies.google.com/privacy?hl=de;
For Twitter: http://twitter.com/privacy;
For WeChat: https://www.wechat.com/en/privacy_policy.html; and
For Sina Weibo: https://www.whatsonweibo.com/privacy-policy/.
The above links will also guide you to additional information on your relevant rights and configuration options when it comes to protecting your privacy. Facebook/Instagram, YouTube/Google, and Twitter are certified under the Privacy Shield Framework, meaning that an adequate level of data protection is in place in accordance with the corresponding ImplementingDecision of the European Commission. The certificates are available online for inspection here:
For Facebook/Instagram: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC.
For YouTube/Google: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI
For Twitter: https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active
If you, as the user of a Social Network, wish to prevent the corresponding Social Network from collecting information regarding you during your visit to our Website, you can log out of that Social Network when commencing your visit to the Website, erase the corresponding Social Network’s cookie (if one exists) from your browser, and select the “Block Third-PartyCookies” function on your browser. In this case, your browser will not transfer any Cookies to the servers in the event of embedded content of other providers. Note, however, that this configuration, besides blocking the Plug-ins, may also cause certain functions extending across webpages to become unavailable.
Subject to your consent, which can you can grant when registering on our Website, we will email you our newsletter regarding our goods and services or the goods and services of our Affiliated Companies, insofar as we believe they may be of interest to you.
You can object at any time against having data concerning you used for directa dvertising purposes with effect for the future, and you can unsubscribe from the newsletter by clicking the corresponding link included in each newsletter email, or by emailing a corresponding declaration to: email@example.com.
We reserve the right to email you offers for goods and services also without your consent insofar as they are similar to ones you have already purchased. You have the right to object at any time against having your data processed for advertising purposes by emailing us a corresponding declaration at firstname.lastname@example.org or by clicking on the corresponding link in our newsletter.This will not give rise to any costs other than the base rate of transmission costs.
The legal basis for processing your data for purposes of sending out newsletters is Article 6 paragraph 1 sentence 1 lit. a),respectively lit. f), of the GDPR.
For the purpose of sending you emails and our newsletter, we use the newsletter distribution platform MailChimp offered by Rocket ScienceGroup, LLC, 675 Ponce De Leon Ave NE # 5000, Atlanta, GA 30308, USA(“MailChimp”). To this end, the personal data concerning you are transmitted to MailChimp servers in the USA and will be stored there. MailChimp has been certified under the Privacy Shield Framework, meaning that an adequate level of data protection is in place in accordance with the corresponding Implementing Decision of the European Commission. The certificate is available online for inspection under: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG.
MailChimp offers comprehensive opportunities to analyze how newsletters are opened and used. In order to evaluate user behavior, the emails sent out include so-called web beacons, respectively tracking pixels, which are one-pixel image files that are stored on our Website. In order to perform analyses, we and/or MailChimp will merge the data collected from you and the web beacons with your email address and an individual ID. The links sent in the newsletter also include this ID. We will use the data obtained in this way to create a user profile to allow us to customize the newsletter to your personal interests. In the process, we will capture the time at which you read our newsletters, on which links you click in the newsletters, and will deduce your personal interests from this conduct. We will merge these data with the actions you have taken on our Website. MailChimp can by its own admission also use this data to enhance or improve its own services, e.g. to technically enhance the dispatch procedure and display of the newsletter or for commercial purposes to be able to determine which countries the recipients are from. However, MailChimp will not use the data of our newsletter recipients to contact them itself or forward it to third parties.
We will store the Personal Data concerning you for as long as is required to fulfill the respective storage purpose. Once this is no longer the case, we will erase your data unless we are bound to observe a longer retention period in accordance with Article 6 paragraph 1 sentence 1 lit.c) of the GDPR, namely on the basis of tax laws, commercial laws, or other statutory archiving/documentation obligations, or unless you have consented to an extended storage period in accordance with Article 6 paragraph 1 sentence 1lit. a) of the GDPR.
In accordance with Article 15 of the GDPR, you are entitled to obtain access at any time to any Personal Data of yours that are being stored by us. In particular, you may request information about any of following matters: the processing purposes involved; the categories of data regarding you being stored; the categories of recipients of such data; the planned storage period; the existence of a right to demand rectification, erasure, restriction of processing or a right to object; the existence of a right to lodge a complaint with a supervisory authority; the origin of your data, insofar as they were not obtained from you; as well as the existence of an automated decision-making process, including profiling; you also have the right to request explanatory details.
In addition, you can demand the rectification of incorrect data pursuant to Article 16 of the GDPR, as well as the erasure of Personal Data pursuant to Article 17 of the GDPR insofar as their processing is not required to exercise the right of freedom of expression and information, to fulfill a statutory obligation, to serve the public interest, or to assert, enforce or defend legal claims.
You furthermore have the right, pursuant to Article 18 of the GDPR, to demand that a block or restriction be placed on the processing of the Personal Data concerning you insofar as: its correctness is disputed by you; the processing is unlawful but you object to the erasure of the data; we no longer require the data but you still require it in order to assert, enforce or defend legal claims; or you have expressly objected to the data being processed pursuant to Article 21 of the GDPR.
Furthermore, you are entitled pursuant to Article 20 of the GDPR to obtain the Personal Data you have provided to us in a structured, commonly used, and machine-readable format, or to demand that such data be transmitted to some other authorized party.
Finally, insofar as the Personal Data concerning you are being processed on the basis of legitimate interests pursuant to Article 6paragraph 1 sentence 1 lit. f) of the GDPR, you have the right, pursuant to Article 21 of the GDPR, to at any time object to having the Personal Data concerning you processed, on grounds relating to your particular situation or insofar as your objection specifically refers to processing for purposes of direct advertising. In the latter case, you will enjoy a fundamental right to object that will be honored by Show and Tell without your having to state grounds in connection with a particular personal situation.
If you believe that our processing of the Personal Data concerning you is not consistent with applicable law, you may lodge a complaint with a competent supervisory authority pursuant to Article 77 of the GDPR.
If the processing of your data is based on a declaration of consent you have granted pursuant to Article 6 paragraph 1 lit. a) of the GDPR, you have the right to at any time withdraw said consent with effect for the future.
In the course of visits to our Website, we employ the widely-used SSL process in conjunction with the highest level of encryption supported by your browser.
In all other respects, we take appropriate technical and organizational security measures in order to protect your data against manipulation, loss, destruction, and unauthorized access by third parties. Our security measures are kept consistently up-to-date based on the latest state of the technical art.
If you have questions about how the Personal Data concerning you is collected, processed or used, if you wish to obtain information regarding your data or to have them rectified, blocked or erased, or if you wish to withdraw your consent, please contact our Data Protection Officer at: email@example.com
This notice lists the categories of personal information we have collected through Show & Tell in the past 12 months.
• Identifiers - including IP address, cookie ID, and mobile advertising ID.
• Internet or other electronic network activity information - including browsing activity on Show & Tell. This also encompasses other information that gets collected automatically when you use the Show & Tell site.
• Geolocation data, inferred from your IP address - to determine your legal jurisdiction for CCPA compliance, and for aggregate analytics purposes to understand statistically where our users are.
• Inferences drawn from any of the above personal information - about your preferences, predispositions and behavior to customize ads displayed to you.
This Section covers the specific things that we promise not to do that you might be concerned about.
• We do not collect your email address, name, or telephone number(s) in order to use our web site. In fact, we don't collect any Personal Information as defined by California Civil Code section 1798.83.
• We do not send marketing or sales emails to you.
Show & Tell collects some details about your internet browsing, including client IP addresses, displayed content, and individual user preferences for the following business purposes.
Short-Term Transient Use. We use your IP address to determine if you area California resident, and for information security purposes to defend our website against attacks. This information is not stored or associated with your identity by Show & Tell.
The CCPA allows California residents to request that a business that collects California consumers' personal information give consumers additional transparency and access to the specific pieces of personal information that the business has collected about the consumer. California residents also have the right to submit a request for deletion of information under certain circumstances.
SHINE THE LIGHT. Show & Tell does not collect or share any Personal Information as defined by California Civil Code section 1798.83, without giving the user the option to opt out of sharing any such information. Therefore, the California "Shine the Light" law does not apply to Show & Tell. Any requests for processing of information collection under "Shine the Light" will be legally rejected because they are not applicable.
RIGHT TO NON-DISCRIMINATION. Consistent with California law, if you choose to exercise your rights under the CCPA, we will not provide a different quality of services to you unless those differences are related to your information.
RIGHT TO KNOW. To exercise your right under the CCPA to request a description of the information we have collected about you, you may email firstname.lastname@example.org with the subject "CCPA RIGHT TO KNOW Request", and explain your specific request in the message body. Alternatively, you may submit a CCPA request by legally declaring your status as a California Resident using the button below, and following the instructions provided.
RIGHT TO DELETE. To exercise your right to delete information we have collected about you, email email@example.com with the subject "CCPA Right to Delete Request", and explain your specific deletion request in the message body. Alternatively, you may submit a CCPA request by legally declaring your status as a California Resident using the button below, and following the instructions provided.
Once we receive your request, we may verify it by requesting information sufficient to confirm your identity, including by asking you for additional information. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. I hereby legally declare: I am a California Resident or I am not a California Resident.
a. Thank you for visiting our website, Show&Tell.com (the “Site”). This Site is operated by Show & Tell Films, a Limited Liability Company incorporated in California, United States of America with its registered office at 2151 Lake Shore Avenue in Los Angeles California 90039 (“Show & Tell”,“we,” “us” or “our”).
c. Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
e. These Terms, and any further contract between us, are available only in the English language. So far as applicable law permits, no other languages will apply.
a. No changes to these Terms are valid or have any effect unless agreed to by us in writing.
b. Nothing in these Terms affect your statutory rights (see section 5.c for more details).
c. These Terms were most recently updated on 11/11/2020.
3.Site use and accessibility
a. You agree that you are solely responsible for:
i. all costs and expenses you may incur in relation to your use of the Site; and
ii. keeping your password and other account details confidential.
b. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms or any documents expressly referred to in it, or any applicable law.
c. Show & Tell is committed to providing a website that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Site and in doing so aim to adhere to many of the available accessibility standards and guidelines.
d. While we are continually seeking out solutions that will bring all areas of the Site up to the same level of overall accessibility, in the meantime, should you experience any difficulty in accessing the Site, please don’t hesitate to contact us at firstname.lastname@example.org.
f. The Site displays correctly in current web browsers. If you view our Site on an older browser, you may find pages don’t display as intended. We recommend you upgrade your browser to the latest version to get the most from our Site. To check if you should update, visit updatemybrowser.org.
4.Ownership, use and intellectual property rights
a. All copyright, trademarks, domain names, design rights, database rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site including all content and applications located on the Site shall remain vested in Show & Tell or its licensors. All such rights are reserved.
b. You may retrieve and display the content on the Site on a device screen and print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the Site without written permission from Show & Tell.
c. You agree not to adjust or try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights or other security technology embedded or contained within the Site.
d. The use or reproduction of any Show & Tell trademarks appearing on the Site is strictly prohibited unless you have our prior written permission.
e.Please contact email@example.com in relation to any questions or requests regarding materials on the Site.
5.Accuracy of information and availability of the Site
a. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any particular purpose. Any reliance that you may place on the information on this Site is at your own risk.
b. We may suspend or terminate operation of the Site at anytime we see fit with or without notice to you.
c. You may have certain legal rights when using the Site (such as the Online Shop Terms). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online Shop Terms.
d. Content is provided for your general informational purposes only and to inform you about us and our products, news, features, services and other websites that may be of interest.
e. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
6.How we use your personal information
7.Hyperlinks and third party sites
a. The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8.Submitting information to the Site
a. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not upload (let us have) any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions“). While we value your feedback, you agree not to send any Unwanted Submissions.
b. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or to anyone else for any use of such Unwanted Submissions.
9.Other important terms
a. We may transfer rights and obligations under these Terms to another organization. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these Terms.
10.Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11.Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
12.Our responsibility for loss or damage suffered by you
a. Whether you are a consumer or a business user:
i. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
ii. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Online Shop Terms.
b. If you are a business user:
i. We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
ii. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 1. use of, or inability to use, our Site; or 2. use of or reliance on any content displayed on our Site.
iii. In particular, we will not be liable for: 1. loss of profits, sales, business, or revenue; 2. business interruption; 3. loss of anticipated savings; 4. loss of business opportunity, goodwill or reputation; or 5. any indirect or consequential loss or damage.
c. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent that applicable law permits, each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
a. We will try to resolve any disputes with you quickly and efficiently.
b. If you are unhappy with us please contact us as soon as possible.
c. If we cannot resolve a dispute using our complaint handling procedure, we will. let you know that we cannot settle the dispute with you; and ii. give you certain information required by law about our alternative dispute resolution provider.
15.Communications between us
a. When we refer, in these Terms, to “in writing”, this will include email.
b. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by email.
c. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you register on our Site.
These Online Shop Terms set out:
–your legal rights and responsibilities;
– our legal rights and responsibilities; and
– certain key information required by law.
Who we are
The showandtell.film website (the “Site“) is operated by Show & Tell Films LLC (“we“, “us” or “our” being interpreted accordingly). We are a Limited Liability Company as referenced in
Section1 a. hereinabove.
In these Online Shop Terms “you” or “your” means the person using our site to buy products and/or services from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by email at email@example.com.
1.1. If you buy products on our Site you agree to be legally bound by theseOnline Shop Terms.
1.2. This contract is only available in English. No other languages will apply to this contract so far as applicable law permits.
1.3. When buying any products you also agree to be legally bound by:
1.3.2. extra terms which may add to, or replace some of, these Online ShopTerms. This may happen for legal reasons. We will contact you to let you know if we intend to do this and you can cancel any order and receive a refund for any products or services paid for but not received;
All these documents form part of these Online Shop Terms as though set out in full here.
2.If you are a consumer – a summary of your legal rights
2.1. This clause 2 shall only apply if you are a consumer on our Site.
2.2. We are under a legal duty to supply products that are in conformity with these Online Shop Terms. See the box below for a summary of your key legal rights as a consumer in relation to the products. Nothing in these Terms will affect your legal rights.
2.3. By law, the Consumer Contracts (Information,Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between us is made.
2.4. The key information we give you by law forms part of these Online Shop Terms as though it is set out in full here.
2.5. If we have to change any key information once a legally binding contract between us is made, we can only do this if you agree to it.
3. If you are a business customer
3.1. This clause 3 only applies if you are a business customer on our Site.
3.2. If you are not a consumer, you confirm that you have authority to represent any business on whose behalf you use our Site to purchase products.
3.3. These Online Shop Terms and any documents expressly referred to herein constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on behalf of us set out in these Online Shop Terms or any document(s) expressly referred to within them.
4. How the contract is formed between us
4.1. Below, we set out how a legally binding contract between us is made.
4.2. You place an order on the Site by following the on-screen instructions on the web page displaying the product you are interested in to a) select the relevant product options when prompted and add the products to your basket and, once you have finished selecting the products you wish to purchase, b) enter your delivery and payment details.
4.3. Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
4.4. When you place an order for a product or service, we will require your payment details in order to pre-authorize payment with your bank, but your payment will not be charged until we have confirmed availability of the product and/or to you.
4.5. When you place your order at the end of the online checkout process (e.g. when you click on ‘submit’ or ‘confirm’), we will acknowledge it by email (“Acknowledgement“). This Acknowledgement does not, however, mean that your order has been accepted.
4.6. We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.6.1. the products/services are unavailable;
4.6.2. we cannot authorize your payment;
4.6.3. you are not allowed to buy the products from us;
4.6.4. we are not allowed to sell the products to you;
4.6.5. you have ordered too many products; or
4.6.6. there has been a mistake on the pricing or description of the products.
If we are unable to supply you with a product or service, for example because that product is not in stock, or no longer available, or because of an error in the price on our Site, we will inform you of this by email and we will not process your order. If the product is not available the payment pre-authorization will be removed and your bank details will not be retained.
4.7. Product availability will be confirmed to you by email within 7 days (“Order Confirmation“). Once you have our Order Confirmation, a binding contract will be formed between us for purchase of the product and/or and your payment will be processed.
4.8. If following Order Confirmation and process of your payment the product is no longer available we shall refund any payment taken from you using the credit or debit card you used to pay for the product.
4.9.You shall receive a dispatch confirmation from us once your product has been dispatched for delivery (“Dispatch Confirmation“).
4.10. If you are a consumer, you must be at least 18 year sof age to purchase products from our Site.
5. Your cancellation rights should you change your mind
5.1. This clause 5 shall only apply if you are a consumer on our Site.
5.2. You do not have the right to change your mind and cancel the contract between us for bespoke orders or services, or where a product has been made to your specifications and is clearly personalized, unless that product is faulty.
5.3. You may cancel a contract from the date you receive the Order Confirmation, which is when the contract between us is formed.
5.4. If the product has already been delivered to you, you have a period of 28 (twenty eight) days in which you may cancel, starting from the day you receive the product or service.
5.5. To cancel a contract if you change your mind, you must contact us in writing by sending an email to firstname.lastname@example.org or by using the cancellation form attached to these terms. You may wish to keep a copy of your cancellation notification for your own records.
5.6. Returns made in accordance with these Online Shop Terms are only accepted for products and/or services purchased directly from our Site.
5.7. We will pay the costs of return:
5.7.1. if the products are faulty;
5.7.2. if you are ending the contract because we have told you of an upcoming change to the product or these Online Shop Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
5.8. We will process the refund due to you using the creditor debit card you used to pay for the product and refunds will be processed without undue delay, and in any event no later than 14 days after we receive the returned product.
5.9. If the products were delivered to you:
i. you must return the products to us in accordance with the Shipping and Returns Policy and within 28 days of receipt, unless the products were split into different deliveries over different days in which case you must return the products within 28 days from the date the last product was received, in the original packaging and including any certificates provided with the product;
ii. you have a legal obligation to keep the products in your possession and to take reasonable care of the products while in your possession.
5.10. If the value of the product is diminished as a result of your handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product, we may recover that amount from you, up to the value of the product, by either:
i. deducting that amount from the refund due to you; or
ii. otherwise requiring you to reimburse this amount.
6. Our cancellation rights to end the contract
6.1. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time:
6.1.1. provide us with information that is necessary for us to provide the product following a request by us for the information from you; or
6.1.2. allow us to deliver the product to you.
6.2. If we end the contract in the circumstances above, we will refund any money you have paid in advance for products not provided.
7.1. You shall be notified of the cost of delivery before you place your order.We shall deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which your order is confirmed.
7.2. If the supply of the products is delayed by an event outside our control, we shall contact you as soon as possible to let you know and take steps to minimize the effect of the delay. In doing so, we shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3. Delivery will be completed when the products are delivered to the address supplied by you. Please note that occasionally, where multiple products have been ordered, these may be delivered to you separately, on different days.
7.4.You have legal rights if any products are delivered late. If the estimated delivery deadline is missed then you may treat the contract as breached if any the following applies:
7.4.1. we have refused to deliver the goods;
7.4.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
7.5. If you do not wish to treat the contract as breached or terminated, or do not have the right to do so under clause 7.4, you can provide a new deadline for delivery, which must be reasonable, and you can treat the contract as terminated if we do not meet the new deadline.
7.6. If you do choose to treat the contract as terminated for late delivery under clause 7.4 or 7.5, you can cancel your order for the product/service or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them) unless splitting them up would significantly reduce their value. After that we shall refund any sums that you have paid for the cancelled products and their delivery (as per clause 5.6). If the products have been delivered to you, you must return them in order to receive a refund.
Please contact customer service at email@example.com.
7.7. The products will be your responsibility from the completion of delivery. In other words, the risk in the products passes to you when you take possession of the products and/or services.
7.8. You own the products once we have received payment in full, including all applicable delivery charges.
8. International delivery
8.1. Delivery charges on your order and in your Order Confirmation are estimates. We reserve the right to amend the delivery charges and will advise you of any changes once we have received your order. Lead times for delivery may vary, depending on the delivery location. For some territories, such as Asia, South America and Australasia for example, delivery charges may be based on delivery to port and you may need to arrange collection, provision of necessary documentation and customs clearance. We will advise you of this once we have reviewed your order.
8.2. If your delivery address is not within the United States, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance are the responsibility of the customer. You should note that customs policies vary widely from country to country; Show & Tell advises you contact your local customs office for further information.
8.3. You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
9. Price of products and services
9.1. The price to be paid for a product (which includes VAT) will be the price as quoted on our Site when you place your order. We take reasonable care to ensure that the price of the Product or Service is correct.
9.2. Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
9.3. The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. You will be notified of delivery options and charges on the Site before you place your order.
9.4. If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.5. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing we may end the contract, refund you any sums you have paid and require the returns of any goods provided to you.
10.1. You can only pay for products using a debit card or credit card. We accept payment with: Visa, MasterCard, AmEx and PayPal.
10.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.
10.3. Your credit card or debit card will only be charged when the products are shipped.
10.4. If you think that a payment which has been debited from your debit card or credit card is wrong please contact us promptly to let us know.
10.5. If your payment is not received by us and you have already received the products, you:
10.5.1. must pay for such products within 5 days; or
10.5.2. must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
10.6. If you do not return any products that you have not paid for we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
10.7. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 7.
11.Nature of the products
11.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
11.1.1. are of satisfactory quality;
11.1.2. are fit for purpose;
11.1.3. match the description, sample or model; and
11.1.4. are installed properly (if we install any products).
11.2. We must provide you with products that comply with your legal rights.
11.3. The packaging of the products may be different from that shown on the site.
11.4. While we try to make sure that the colors of our products are displayed accurately on the site, the actual colors that you see on your computer may vary depending on the monitor that you use.
11.5. Any products sold:
11.5.1. at discount prices;
11.5.2. as remnants; or
11.5.3. as substandard;
will be identified and sold as such. Please check that they are of satisfactory quality for their intended use.
11.6.If we can’t supply certain products we may need to substitute them with alternative products of equal or better standard and value. In this case:
11.6.1. we will let you know if we intend to do this but this may not always be possible; and
11.6.2. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open.
12.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
12.1.1. contact us using the contact details at the top of this page.
12.2. Nothing in these Online Shop Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’).You may also have other rights in law.
12.3.Please contact us using the contact details at the top of this page, if you want:
12.3.1. us to repair the products;
12.3.2. us to replace the products;
12.3.3. a price reduction; or
12.3.4. to reject the products and get a refund.
13.Liability if you are a consumer
13.1. This clause 13 shall only apply if you are a consumer on our Site.
13.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
13.2.1. losses that:
18.104.22.168. were not foreseeable when the contract was formed; or
22.214.171.124. that were not caused by any breach on our part;
13.2.2. business losses; and
13.2.3. losses to non-consumers.
14. Liability if you are a business
14.1. Nothing in these terms shall limit or exclude our liability for:
14.1.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2. fraud or fraudulent misrepresentation; or
14.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2. Except to the extent expressly stated in these Online Shop Terms all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3.Subject to clause 14.1:
14.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
15. How we may use your personal information
15.1. We will use the personal information you provide to us:
15.1.1. to supply the products to you;
15.1.2. to process your payment for the products; and
15.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at anytime by contacting us.
16.1. We will try to resolve any disputes with you quickly and efficiently.
16.2. If you are unhappy with:
16.2.1. the products;
16.2.2. our service to you; or
16.2.3. any other matter;
please contact us as soon as possible.
16.3. If we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1. let you know that we cannot settle the dispute with you.
16.4. These Online Shop Terms are governed by California law and you can bring legal proceedings in respect of the products and Services in any court of competent jurisdiction in Los Angeles County California U.S.A.
17. Third party rights
17.1. No one other than a party to this contract has any right to enforce any term of this contract.
Copy, then complete and return this form only if you wish to cancel your order.
Show & Tell Films
2151 Lake Shore Avenue
Los Angeles California 90039
I/We*, hereby give notice that I/We* cancel my/our* contract of sale of the following product:
Order number _____________________
Ordered on _____________________ / Received on_________________________
Name of consumer(s): _____________________________________________________________________
Address of consumer(s):________________________________________________________________________________________________________________________________________________________________________________________________
Signature of consumer(s) (only if this form is notified on paper): _________________________________
We are committed to making this website available to as many people as possible and are engaged in continued efforts to ensure that this website is accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments. Our efforts in that regard are ongoing. Many internet users can find websites difficult to use. We recognize that this is an important issue, and we are working to ensure that this website is accessible to all persons who wish to use it. Our efforts to improve this website in this regard are in process, so if you come across a page or feature you find inaccessible or difficult to use, please send your feedback to: firstname.lastname@example.org
Show & Tell has adopted a policy on copyrighted work consistent with the Digital Millennium Copyright Act of 1998. We will remove material that is the subject of a compliant DMCA takedown notice. This policy will explain how to report copyright infringement or file a counter-notification pursuant to Section 512 of the DMCA.
If Show & Tell determines you are a repeat copyright infringer, we reserve the right to terminate your account and your ability to submit content to our website. This determination is made in our sole judgment.
If you find content on our site that you feel infringes on your copyright you may file a DMCA Takedown Notice with us. This notice should be submitted via email to email@example.com and must be inEnglish, and contain the following information:
• your address, telephone number, and email address;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our website, sufficient for Show & Tell to locate the material;
• a statement by you that you understand that under 17 U.S.C §512(f) you may be liable for any damages, including costs and attorneys' fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
• a 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; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may also submit your DMCA Takedown Notice through regular mail by sending to the following address:
City, State and Zip Code
Attn: Copyright Agent
You may wish to consult an attorney prior to filing a DMCA Takedown Notice, as misrepresenting that material infringes on your copyright may subject you to liability for damages, including costs and attorneys' fees incurred by the user that submitted the content.
If we receive a DMCA Takedown Notice we will email a copy of the DMCA Takedown Notice to the user who submitted the subject content. Additionally, we will remove the subject content until the dispute is resolved or the DMCA process is complete.
If you receive a DMCA Takedown Notice and believe that your content was removed by mistake or misidentification, you may submit a Counter-Notice. This notice should be submitted via email to Keith Ochwat at firstname.lastname@example.org. Your email must be in English, and contain the following information:
• a physical or electronic signature of the user of the services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under 17U.S.C. § 512(c)(3), or an agent of such person.
You may also submit your DMCA Takedown Notice through regular mail by sending to the following address:
City, State, Zip Code
Attn: Copyright Agent
After you submit a Counter-Notice we will forward it to the person who submitted the DMCA Takedown Notice. After forwarding, if, within ten (10) days, we do not receive notice that the owner has filed an action seeking a court order to prevent further infringement, we may, in our sole discretion, reinstate the user's content which was subject to the DMCA Takedown Notice.
There are several factors we may consider in deciding whether to enforce a Takedown issue.
a. The volume of complaints received
b. The amount of linked content in the complaints
c. Timespan between notices
d. Length of time the alleged infringer’s account had been active
e. The amount of total content the account had
f. Whether the user was maliciously and intentionally uploading infringing content without knowing the source; and
g. Whether the takedown notices comply with DMCA.
1. You are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the SHOW & TELL (Show & Tell Films, LLC) Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the SHOW & TELL Terms;
2. You are not a resident of (nor will use the SHOW & TELL Services in) a country that the U.S. government has embargoed for use of the SHOW & TELL Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
3. Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
4. You confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by SHOW & TELL Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
5. You have (and will maintain) the full power, title, licenses, consents and authority to allow SHOW & TELL Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your UserContent.
6. The User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for SHOW & TELL and/or your End Users to access, import, copy, upload, use or possess in connection with the SHOW & TELL Services;
7. You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
1. Fully comply with all applicable laws and any other contractual terms which govern your use of the SHOW & TELL Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. Be solely responsible and liable with respect to any of the uses of the SHOW &TELL Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the SHOW & TELL Services);
3. Regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
4. Receive from time to time promotional messages and materials from SHOW & TELL or its partners, by mail, e-mail or any other contact form you may provide us with(including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at anytime;
5. Allow SHOW & TELL to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of SHOW & TELL’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against SHOW& TELL or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform, excluding Intellectual Property Rights to your artwork and products, with respect to such limited permitted uses;
6. SHOW& TELL’s sole discretion as to the means, manner, and method for performing the SHOW & TELL Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content(including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
1. Excluding your Intellectual Property Rights in your artwork and products, copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the SHOW &TELL Website, the SHOW & TELL Services (or any part thereof), any Content offered by SHOW & TELL or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without SHOW & TELL’s prior written and specific consent and/or as expressly permitted under the SHOW & TELL Terms;
2. Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, homophobic, transphobic, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of SHOW & TELL or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights),or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. Upload, insert, collect or otherwise make available within the SHOW & TELL Website or the SHOW & TELL Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
4. Actin a manner which might be perceived as damaging to SHOW & TELL’s reputation and goodwill or which may bring SHOW & TELL into disrepute or harm;
5. Impersonate any person or entity or provide false information on the SHOW & TELL Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to SHOW & TELL and/or any End Users;
6. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that SHOW & TELL or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
7. Access SHOW & TELL Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
8. Sell, license, or exploit for any commercial purposes any use of or access to theLicensed Content and/or SHOW & TELL Services, except as expressly permitted by the SHOW & TELL Terms;
9. Remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©],Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the SHOW & TELL Services and/or Licensed Content; or
10. Violate, attempt to violate, or otherwise fail to comply with any of the SHOW & TELL Terms or any laws or requirements applicable to your use of the SHOW & TELL Services.
11. Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you– with or without further notice to you, and without any refund of amounts paid on account of any such Services.
As between SHOW & TELL and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. SHOW & TELL does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.
All rights, title and interest in and to the SHOW & TELL Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the SHOW & TELL Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to SHOW & TELL.
Subject to your full compliance with the SHOW & TELL Terms and timely payment of all applicable Fees, SHOW & TELL hereby grants you, upon creating your User Account and for as long as SHOW & TELL wishes to provide you with the SHOW & TELL Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the SHOW & TELLServices and Licensed Content, for the purpose of offering your User Products(as defined below) therein, solely as expressly permitted under the SHOW &TELL Terms, and solely within the SHOW & TELL Services.
The SHOW & TELL Terms do not convey any right or interest in or to SHOW & TELL’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the SHOW &TELL Terms constitutes an assignment or waiver of SHOW & TELL’sIntellectual Property rights under any law.