Last Revised: May 1, 2021
This page explains the rules that apply when you visit the Show-Score website. When you visit our site, you’re agreeing to all the rules on this page so please read these Terms of Service carefully. We want these rules to be clear and easy to understand, and have included summaries of the legal terms in these white boxes. The summaries are provided to help you understand the rules, but are not part of the binding rules.
ShowScore Holdings, Inc. ("Show-Score" or "we") owns and operates the Show-Score.com website ("Site"). "Services" are the services offered by Show-Score in connection with the Site or its features. A "Site Visitor" is anyone who visits our Site, whether or not they also register for an account.
We may change these Terms from time to time. We will notify you of important changes, either by posting a notice on the Site or sending you an email. The Terms posted on the Site will say when that version went into effect. If you continue to use the Site after a change, then you have accepted the new Terms.
In this section Show-Score gives you the legal right to access the Site and Services for your personal use. Your right to use the Site ends when you violate the Terms.
Show-Score hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access the Site and Services, subject to your compliance with these Terms, our right to suspend or terminate your access, and our right to remove any Member Content (as defined below) that you post.
You need to register as a member to use many of the Site's features and Services. You are responsible for your account and all the activity on it.
You can browse the Site without registering for an account. To use many of the Site's features, however, you need to be at least 13 years old and register as a member ("Member").
To become a Member, you will be asked by the Site to provide your email address and to create a display name and password. Your email address will not be displayed on the Site, although you will have the option to include demographic information in your Site profile. Because your display name will identify all your reviews and comments, you may wish to choose a display name different from your actual name. You agree that the information that you provide to the Site will be true, accurate, current and complete at all times. Don't impersonate anyone else or choose names that are offensive or that violate someone's rights.
You can also register as a Member using your login on a social media service such as Facebook. By connecting or linking your Site account to a social media service, however, you are consenting to the continuous release of information about you to others, according to the privacy settings you have designated for that service. If you do not want your information shared with a social media service, do not register your Site account using your login for that service.
You are responsible for safeguarding the password that you select for your Member account. Any activities traceable to your username and password will be your responsibility, whether or not you authorized those activities.
You continue to own the reviews and other content that you contribute. When you contribute content, you give us permission to use that content for our Site and Services. You vouch that we have the right to use the content that you post. We can decline to post your content on the Site, and remove the content that you have posted to the Site.
As a Member, you may post to the Site your reviews and other comments about shows that you have seen. Anything that you submit to the Site for posting is considered "Member Content." All Member Content must comply with the Community Agreements.
You and your licensors retain ownership of your Member Content and in the associated intellectual property. When you contribute your Member Content, you hereby grant to Show-Score and its affiliates, licensees and sub-licensees a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize and exploit the copyright, trademark, publicity, and database rights in the Member Content, in connection with the Site and Services. When we use your Member Content, we are permitted to copy, adapt, create derivative works of, distribute, incorporate into other works, and perform and display (publicly and privately) your Member Content.
Your Member Content will be displayed alongside other content on the Site, and will be viewable and searchable by Site Visitors. Site Visitors will be permitted to use your Member Content in accordance with the Terms then in effect. We reserve the right to decline to include Member Content on the Site and to remove Member Content that has been posted to the Site.
You represent and warrant that:
You irrevocably waive any "moral rights" or other rights that you may have to Member Content. You represent and warrant that your contribution of the Member Content complies with the confidentiality obligations that apply to it.
We commit to do the things listed below to protect your content. You can delete content that you have contributed to the Site, although some information may remain.
Show-Score agrees that:
The content that you contribute may not contain any of the things on this list. For example, the content must be accurate and relevant, and it can't hurt others.
You agree that your Member Content will not contain:
We need to make sure that the Site and Services are secure and our systems function properly. Don't interfere with the Site and Services, and don't use them to break laws.
In addition, you agree that you will not:
We offer our Members tickets to performances and special events. The terms of these offers will be described in the offer and subject to the additional terms below.
We are not responsible for what happens when you access information through our Site or Services, or when you transact business with a third-party business linked through the Site. We do not fact check the content that is submitted. We don’t endorse the shows and third-party businesses that are linked from our Site. In other words, use your judgment.
Show-Score has no responsibility arising from your access to third-party content or information through our Site or Services, and no liability for losses that you may sustain from a transaction with a third-party business linked through the Site. We do not endorse the shows, businesses, products, services and websites that are included in or linked from the Site, and we do not verify the information provided to our Site. We encourage you to use your judgment in entering into transactions with third-party businesses linked from the Site.
When you give us feedback on our Site and Services, you should know that we have the right to use (or not use) your feedback without restriction.
Any idea, proposal, suggestion or other material that you provide to Show-Score regarding the Site and Services ("Feedback") becomes Show-Score's property. Your Feedback is provided without compensation or restriction, and Show-Score is not under any obligation to use the Feedback.
The Site and Services are legally protected in a number of ways.
The information and materials made available through the Site and Services are the property of Show-Score and its licensors and suppliers, and are protected by U.S. and international copyright, trademark and other rights and laws. You acknowledge that the Site and its related technology, and all intellectual property and proprietary rights in and to the foregoing, are the sole and exclusive property of Show-Score and its licensors. Trade names, trademarks and service marks of Show-Score include without limitation SHOW-SCORE, SHOW-SCORE MEMBER NIGHTS, SHOW-SCORE SOCIALS, and all associated logos. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Show-Score trade names, trademarks or service marks without our express prior written consent. All trademarks and service marks on the Site not owned by Show-Score are the property of their respective owners. We are unable to resolve or address trademark and other rights disputes between trademark owners and third parties.
If you have complaints or concerns about the Site, or believe that your copyright has been infringed by material on the Site, you can let us know. The next two sections describe how.
If you have a complaint or concern regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to Show-Score, 32 Avenues of the Americas, Floor 23, New York, NY 10013. Please note that e-mail communications will not necessarily be secure; accordingly you should not include sensitive information in your e-mail correspondence with us.
Show-Score complies with the Digital Millennium Copyright Act of 1998 (the "DMCA"). If you believe in good faith that materials available on the Site infringe your copyright, you may send us a written notice by mail, e-mail or fax, requesting that Show-Score remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Show-Score a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Our designated agent for notice of alleged copyright infringement is:
Attention: Copyright Agent
32 Avenue of the Americas, Floor 23
New York, NY 10013
We work hard to build a robust and useful Site and to provide great Services, but we can't guarantee that things will always work perfectly. The Site and Services are offered to you as-is, without warranties.
THE SITE (INCLUDING ITS CONTENT) AND THE SERVICES ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SHOW-SCORE DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. SHOW-SCORE DISCLAIMS LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF USERS, USERS, BUSINESSES FEATURED ON THE SITE, AND/OR OTHER THIRD PARTIES IN CONNECTION WITH THE SITE OR SERVICES, OR RELATED TO YOUR USE OF THE SITE OR SERVICES. THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU ARE SUBJECT TO THESE LAWS, SOME OR ALL OF THESE DISCLAIMERS DO NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
If using the Site or Services results in something happening, we're not liable other than for a small amount.
IN NO EVENT WILL SHOW-SCORE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SHOW-SCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHOW-SCORE'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF YOUR ACTUAL DAMAGES OR USD $50.00. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES OR PRODUCTS OR THIRD-PARTY MATERIALS IS TO STOP USING THE SITE OR SERVICES. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN WHICH CASE THIS PROVISION WOULD NOT APPLY TO YOU.
You agree to hold us harmless from any loss, claims, and more. Read below for specifics:
You agree to indemnify and hold Show-Score and its directors, officers, employees, agents, affiliates, licensors, licensees, sub-licensees, and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any Member Content, or any other content that you post on the Site, infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or (c) your activities in connection with the Member Content or the Site and Services. You may not settle an indemnified claim without Show-Score's consent, which may not be unreasonably withheld.
These Terms are in effect until terminated. If we think that you have violated these terms, we can terminate or suspend your account without prior notice. Some provisions of these terms remain in effect even after termination.
These Terms are effective until terminated. We reserve the right to investigate suspected violations of these Terms. Show-Score may terminate or suspend your use of the Site and Services at any time without prior notice if Show-Score believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Site and Services will immediately cease, and Show-Score may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 3, 4.b., c. and d., 5 through 8, and 11 through 16 shall survive termination.
This section outlines the process for resolving disputes, and includes important information about each party's rights. Any disputes with us have to be handled through binding arbitration under New York State law.
THE TERMS OF THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, U.S.A., WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW, AND REGARDLESS OF YOUR LOCATION.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND SHOW-SCORE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AND SHOW-SCORE EACH WAIVES THE RIGHT TO TRIAL BY JURY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by these terms. The arbitrator will conduct hearings by teleconference or videoconference, unless the arbitrator determines upon a party's request that an in-person hearing is appropriate. An in-person appearance will be held at a location that is reasonably convenient to both parties. The AAA or the arbitrator will designate the location if the parties are unable to agree on a location. The arbitrator's decision will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for your benefit.
The following provisions are in just about every online agreement. They ensure that these Terms are binding.
These Terms are personal to you. You may not assign, transfer or sublicense these Terms without our express prior written consent. We have the right to assign, transfer or sublicense any or all of our rights or obligations under these Terms without your consent. We can send you notices by posting to the Site or by email, or by regular mail.
The headings, captions and section summaries contained herein are for convenience only, and in no way define any provision. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Show-Score will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.