TERMS AND CONDITIONS
ShowShowSlinger, LLC and/or its affiliates (“ShowSlinger”) provide website features to you subject to the following conditions. If you visit or shop www.showslinger.com; or any other ShowSlinger website (the “Website”), you accept these conditions. Please read them carefully.
When you visit a Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ShowSlinger or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ShowSlinger and protected by U.S. and international copyright laws. All software used on this site is the property of ShowSlinger or its software suppliers and protected by United States and international copyright laws.
ShowSlinger, and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ShowSlinger in the U.S. and/or other countries. ShowSlinger's trademarks and trade dress may not be used in connection with any product or service that is not ShowSlinger's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ShowSlinger. All other trademarks not owned by ShowSlinger that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ShowSlinger
LICENSE AND SITE ACCESS
ShowSlinger grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ShowSlinger. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or fees; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ShowSlinger. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ShowSlinger without express written consent. You may not use any meta tags or any other "hidden text" utilizing ShowSlinger's name or trademarks without the express written consent of ShowSlinger. Any unauthorized use terminates the permission or license granted by ShowSlinger. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ShowSlinger so long as the link does not portray ShowSlinger, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ShowSlinger logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the Website, and in the event that you create a username and password or account for the Website (which may be a pending service), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ShowSlinger does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. ShowSlinger reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
In the event that ShowSlinger offers users to post comments or reviews on the Website, and if you do post content or submit material, and unless we indicate otherwise, you grant ShowSlinger a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ShowSlinger and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ShowSlinger for all claims resulting from content you supply. ShowSlinger has the right but not the obligation to monitor and edit or remove any activity or content. ShowSlinger takes no responsibility and assumes no liability for any content posted by you or any third party
ShowSlinger respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us directly at email@example.com
RISK OF LOSS
All items purchased from ShowSlinger are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ShowSlinger attempts to be as accurate as possible. However, ShowSlinger does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ShowSlinger itself is not as described, your sole remedy is to return it in unused condition
Except where noted otherwise, the Fees for services on our website represents the full fee, or estimated in accordance with standard
NO REFUNDS OF ANY KIND SHALL BE ISSUED FOR ANY TRANSACTION WHEN YOU USE THIS SITE. This includes, but is not limited to, subscription fees, tip fees, funding campaign fees or any other fees charged by the site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHOWSLINGER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SHOWSLINGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOWSLINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ShowSlinger DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM SHOWSLINGER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOWSLINGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to the Website or to products or services sold or distributed by ShowSlinger or through the Website in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Bibb County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.
MODIFICATION, AND SEVERABILITY
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Atlanta, Georgia 30363
Additional Terms and Conditions
1. Welcome to ShowSlinger!
We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using ShowSlinger after a change, that means you accept the new terms.
ShowSlinger is for your personal, non-commercial use, except as explained in sections 4 andsection 5 below.
2. Things You Definitely Shouldn’t Do
This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
Many people use ShowSlinger. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:
• Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
• Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
• Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of ShowSlinger’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
• Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
• Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of autoresponder or spam on or through the Site.
• Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to ShowSlinger or another party).
• Don’t abuse other users’ personal information. When you use ShowSlinger — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a ShowSlinger project: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
• Don’t try to interfere with the proper workings of the Services.
• Don’t bypass any measures we’ve put in place to secure the Services.
• Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to ShowSlinger or another party.
• Don’t take any action that imposes an unreasonable load on our infrastructure, or on our thirdparty providers. (We reserve the right to determine what’s reasonable.)
• Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
• Don’t take apart or reverse engineer any aspect of ShowSlinger in an effort to access things like source code, underlying ideas, or algorithms.
3. How Funding Campaigns Work
ShowSlinger provides a funding platform for artists or anyone that creator that creates a funding campaign. When a creator creates a campaign on ShowSlinger, they’re inviting other people to form a contract with them. Anyone who backs a campaign is accepting the creator’s offer, and forming that contract.
ShowSlinger is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a campaign is successfully funded, the creator must complete the campaign and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers. Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the campaign to life. At the same time, backers must understand that when they back a campaign, they’re helping artists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the campaign as promised.
If a creator is unable to complete their campaign and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the campaign to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
• they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the campaign as planned;
• they work diligently and in good faith to bring the campaign to the best possible conclusion in a timeframe that’s communicated to backers;
• they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the campaign as promised;
• they’ve been honest, and have made no material misrepresentations in their communication to backers; and
• they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts received), or else explain how those funds will be used to complete the campaign in some alternate form.
The creator is solely responsible for fulfilling the promises made in their campaign. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
4. How Funding Works
This section goes over the details of backing and creating campaigns — things like how money gets collected, whether contributions can be changed or canceled, and how creators can contact backers to provide rewards.
These are the terms that apply when you’re backing a campaign:
• You are charged when you contribute to a campaign.
• You cannot change or cancel a contribution
• The Estimated Delivery Date is the creator’s estimate. The date listed on each reward is the creator’s estimate of when they will provide the reward — not a guarantee to fulfill by that date. The schedule may change as the creator works on the campaign. We ask creators to think carefully, set a date they feel confident they can work toward, and communicate with backers about any changes.
• The creator may need to send you questions about your reward. To deliver rewards, the creator might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time.
• ShowSlinger doesn’t offer refunds of any kind for any reason, including subscriptions. Responsibility for finishing a campaign lies entirely with the campaign creator. ShowSlinger doesn’t hold funds on creators’ behalf, cannot guarantee creators’ work, and does not offer refunds.
These are the terms that apply when you’re creating a campaign:
• You can refund individual donations if you want. After your campaign has been funded, you can cancel and refund a backer’s donation at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.
• We’ll charge our fees before putting funds in your account. ShowSlinger and its payment partners will subtract fees before transmitting the proceeds of a campaign.
• Don’t count your chickens before they hatch. Don’t assume you’ll be able to launch your campaign when you want; there could be a reason we’re not able to accept it, or a problem that takes time to resolve. Don’t assume you’ll be able to immediately collect your funding; there may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the monetary contributions until you actually have the ability to withdraw it from your account and spend it.
5. Stuff We Don’t Do and Aren’t Responsible For
We don’t oversee projects’ performance, and we don’t mediate disputes between users.
ShowSlinger isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release ShowSlinger from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
6. Our Fees
Fees are charged when a contribution is made, a tip is made or when a user signs up for a subscription. We charge 5%, in addition to any fees from our payments partners for campaign contributions and $0.25 plus any fees from our payments partners for tips. Subscriptions are charged at the advertised rate when you sign up.
If you create a project and receive contributions, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location. These charges apply for tips as well. If our fees ever change, we’ll announce that on our Site. Some funds contributed by backers are collected by payment providers. Each payment provider is its own company, and ShowSlinger isn’t responsible for its performance. You’re responsible for paying any additional fees or taxes associated with your use of ShowSlinger. SHOWSLINGER WILL NOT REFUND ANY FEES.
7. Other Websites
If you follow a link to another website, what happens there is between you and them — not us.
ShowSlinger may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
ShowSlinger partners with other companies (such as Amazon Payments , Stripe and Braintree) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.
8. Your Intellectual Property
We don’t own the stuff you post on ShowSlinger. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally just use this to promote projects and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.
ShowSlinger doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:
• We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
• When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
• You won’t submit stuff you don’t hold the copyright for (unless you have
permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant ShowSlinger all the license rights outlined here).
• Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on ShowSlinger’s hosting of that Content.
• You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If ShowSlinger or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
• You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
• We’re not responsible for mistakes in your content. ShowSlinger will not be liable for any errors or omissions in any content.
9. ShowSlinger’s Intellectual Property
The content on ShowSlinger is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
ShowSlinger’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
ShowSlinger grants you a license to reproduce content from the Services for personal use only. This license covers both ShowSlinger’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from ShowSlinger or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
10. How We Deal with Copyright Issues
We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, read our Copyright Policy.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. ShowSlinger complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)
If you’d like to submit a claim of copyright infringement, please visit our Copyright Policy. Our designated agent for notice of alleged copyright infringement is: firstname.lastname@example.org
11. Deleting or Cancelling Your Account
You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.
ShowSlinger users are responsible for cancelling their own account. Users can easily do so by logging in and clicking "Settings" and then clicking "Delete account". Sending an email, calling or contacting ShowSlinger in any way does not constitute cancelling your account. You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a campaign, deleting your account will not remove the campaign from the Site.)
12. Our Rights
To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
ShowSlinger reserves these rights:
• We can make changes to the ShowSlinger Site and Services without notice or liability.
• We have the right to decide who’s eligible to use ShowSlinger. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use ShowSlinger in that jurisdiction.
• We have the right to cancel any contribution to any project, at any time and for any reason.
• We have the right to reject, cancel, interrupt, remove, or suspend any account, including
funding campaigns, at any time and for any reason.
ShowSlinger is not liable for any damages as a result of any of these actions, and it is our policy
not to comment on the reasons for any such action.
If you do something on ShowSlinger that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of ShowSlinger. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
14. The Rest
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using ShowSlinger!
These Terms and the other material referenced in them are the entire agreement between you and ShowSlinger with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and ShowSlinger with respect to the
Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or ShowSlinger to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get ShowSlinger’s prior written consent. ShowSlinger has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. ShowSlinger will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.