Terms of Service

SECURE SHOW® TERMS OF SERVICE

Thank you for selecting the Secure Show® Services offered by Secure Show LLC, and/or its subsidiaries and affiliates (referred to as “Secure Show,” “we,” “our,” or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Secure Show. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services. No Secure Show employee, distributor, dealer, or agent is authorized to make any modification, extension or addition to this Agreement or to waive or excuse this Agreement or its effect or enforcement, except through the procedures set forth in this Agreement or in a writing duly signed by an officer of Secure Show.

1.       AGREEMENT. This Agreement describes the terms governing your use of the Secure Show online services provided to you on this website and other websites offers by Secure Show (collectively, the “Websites”), including content, updates and new releases (collectively, the “Services”). This Agreement includes by reference:

1.1    Secure Show’s Privacy Statement, Safety Tips Guideline, DMCA Statement, and other statements and notices provided to you on the Websites, in the Services available on the Websites or provided to you otherwise.

1.2     Additional terms and conditions, which may include those from third parties.

1.3     Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc. which are posted on the Websites.

2.       REGISTRATION AND ACCOUNT SECURITY. Secure Show users provide their real names and information, and we need your help to keep it that way. You make the following commitments to us relating to registering and maintaining the security of your account:

2.1    You will not provide any false personal information on Secure Show, or create an account for anyone other than yourself without permission.

2.2    You will not create more than one personal account.

2.3    If we disable your account, you will not create another one without our permission.

2.4    You will not use Secure Show if you are under 13.

2.5    You will not use Secure Show if you are a convicted sex offender.

2.6    You will keep your contact information accurate and up-to-date.

2.7    You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

2.8    You will not transfer your account to anyone without first getting our written permission.

2.9    If you select a username for your account, we reserve the right to remove or reclaim it if we believe it is appropriate to do so (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

3.       YOUR RIGHTS TO USE THE SERVICES

3.1    The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Secure Show. Secure Show reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Secure Show grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

3.2    You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law or regulation, or this Agreement. You agree you will not:

a.      Provide access to or give any part of the Services to any third party.

b.      Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.

c.      Make the Services available on any file-sharing or application hosting service.

4.       PAYMENT. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the Websites for the Services. For Services offered on a payment or subscription basis, the following terms apply, unless Secure Show notifies you otherwise in writing:

4.1    Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the Websites for the Services.

4.2    You must pay with one of the following:

a.       A valid credit card acceptable to Secure Show;

b.      A valid debit card acceptable to Secure Show;

c.      Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or

d.      Another payment option Secure Show provides to you in writing.

4.3    If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services. If your payment is dishonored or returned, we or our financial instruction may charge a processing fee of up to $50.00.

4.4     If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.

4.5    Additional cancellation or renewal terms may be provided to you on the Websites for the Services.

5.       USE WITH YOUR MOBILE DEVICE. Use of these Services may be available through a compatible mobile device’s Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. SECURE SHOW MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

5.1    THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

5.2    ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND

5.3    ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

6.       YOUR PERSONAL INFORMATION. You can view Secure Show’s Privacy Statement provided with the Services and on the Websites for the Services. You agree to the applicable Secure Show Privacy Statement, and changes published by Secure Show. You agree that Secure Show may use and maintain your data according to the Secure Show Privacy Statement, as part of the Services. You also give Secure Show permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that Secure Show may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

7.       CONTENT

7.1    You are responsible for your Content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Secure Show is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a.      Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;

b.      Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;

c.      Except as permitted by Secure Show in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;

d.      Virus, Trojan horse, worm or other disruptive or harmful software or data; and

e.      Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

7.2    Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Secure Show is not responsible.

7.3    Secure Show may freely use feedback you provide. You agree that Secure Show may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Secure Show a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Secure Show in any way.

7.4    Secure Show may monitor your Content. Secure Show may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Secure Show or its customers, or operate the Services properly. Secure Show, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

8.       YOUR INTERACTIONS WITH OTHER MEMBERS

8.1    You are solely responsible for your interactions with other members. You understand that Secure Show currently does not conduct criminal background checks on its members. Secure Show also does not inquire into the backgrounds of its members. Secure Show makes no representations or warranties as to the conduct of members or their compatibility with any current or future members.

8.2    Secure Show accepts no liability for your interactions with other members. In no event shall Secure Show be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service or persons you meet through this service.

8.3    You will take reasonable precautions in interacting with other members. You agree that you are responsible to take and will take reasonable precautions in all interactions with other members of the service when meeting offline or in person. In addition, you agree to review Secure Show’s safety tips prior to using the service. You understand that Secure Show makes no guarantees, either express or implied, regarding the suitability of individuals you meet through the service. You should not provide your financial information (for example, your credit card or bank account information) to other members.

8        ADDITIONAL TERMS

8.1    We may tell you about other services. You may be offered other services, products, or promotions by Secure Show or third parties (“Other Services”). Additional terms and conditions and fees may apply. With some Other Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Secure Show permission to use information about your business and experience to help us to provide the Other Services to you and to enhance the Services. You grant Secure Show permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Secure Show permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

8.2    Communications. Secure Show may be required by law to send you communications about the Services or Third Party Products. You agree that Secure Show may send these communications to you via email or by posting them on our Websites.

8.3    You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Secure Show if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

8.1    REFUND CLAIMS. We stand by our Services. If we fail to provide the Services that you have ordered, without any fault of yours, we will refund your relevant charge for the Services but not any fees or changes paid to third parties. This pledge does not cover damages and is limited to the refund of your service fee. This pledge is your exclusive remedy in the event of a failure in the Services. You must notify us by email or writing delivered to our offices of any claim for refund within 60 days of the failure of the Services.

9        DISCLAIMER OF WARRANTIES

9.1   YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SPECIFIED BY SECURE SHOW IN WRITING. SECURE SHOW, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE OPERATION OF THE WEBSITES, OR THE INFORMATION CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITES IS AT YOUR SOLE RISK.

9.2   TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SECURE SHOW AND ITS SUPPLIERS DISCLAIM  ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE OPERATION OF THE WEBSITES, OR THE INFORMATION CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

9.3   SECURE SHOW AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.

9.4   SECURE SHOW, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

10     LIMITATION OF LIABILITY AND INDEMNITY.

10.1TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SECURE SHOW, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SECURE SHOW SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF SECURE SHOW AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SECURE SHOW, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. CERTAIN STATE LAWS DO NOT ALLOW 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. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SECURE SHOW, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE MONTHS PRIOR TO SUCH CLAIM.

10.2You agree to indemnify and hold Secure Show and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Secure Show reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Secure Show in the defense of any Claims.

11     CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services or on our Websites, or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services will indicate your agreement to the changes.

12     TERMINATION. Secure Show may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Secure Show’s rights to any payments due to it. Secure Show may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.

13     EXPORT RESTRICTIONS. You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, directly or indirectly, in violation of these laws and regulations. Secure Show does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws in your country of residence.

14     GOVERNING LAW AND LEGAL DISPUTES.

14.1 Washington state and U.S. federal law govern this Agreement without regard to their conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

14.2 You agree to the exclusive jurisdiction of state courts in King County, Washington U.S.A. or the federal district court for the Western District of Washington for resolution of any disputes arisesolutions of any disputeotected by U.S. and cuments with your original signature in a ents. ing under or related to the Services, Website, or this Agreement, whether brought by you or Secure Show. YOU AND SECURE SHOW AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SECURE SHOW AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER SECURE SHOW USERS.

15     SECURE SHOW COPYRIGHTS, TRADEMARKS, AND PATENTS. The Websites and Services are protected by U.S. and international copyright. Secure Show® and the Secure Show logo are trademarks or U.S. registered trademarks of Secure Show. Patent applications have been filed for inventions implemented in the Websites and/or Services. Notices will be posted on the Websites and/or in changes to this Agreement when patents are published and/or issued.

16     GENERAL. This Agreement is the entire agreement between you and Secure Show and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Secure Show. However, Secure Show may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Secure Show or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Secure Show via an email to: This email address is being protected from spambots. You need JavaScript enabled to view it. .

December 2012