Terms of Service for Showcase

Last Updated: 19/11/2023

Welcome to Showcase, a marketplace where creators can share, sell, and distribute their creations. These Terms of Service ("Terms") govern your access to and use of our services, including our website, mobile applications, and any other features (collectively, the "Service"). Please read these Terms carefully, and contact us if you have any questions.

1. Agreement to Terms

By accessing or using our Service, you agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines we may provide from time to time.

2. Account Registration

To use certain features of the Service, you may need to create an account with us. You must provide accurate, complete, and updated information. You are responsible for maintaining the confidentiality of your account password.

3. User Obligations

As a user of the Service, you agree to:

a. Comply with all applicable laws, regulations, and these Terms. b. Use the Service for lawful purposes only. c. Not impersonate another person or entity. d. Not engage in harassing, abusive, or harmful behavior.

4. Content Guidelines

Users are responsible for the content they upload, share, or distribute through the Service ("User Content"). User Content must adhere to the following guidelines:

a. Compliance with Laws: You represent that your content complies with all applicable laws and regulations. b. Intellectual Property Rights: You represent that you own or have the necessary rights to use and authorize the use of your content. c. Prohibited Content: Content that is obscene, defamatory, violent, hateful, discriminatory, or otherwise objectionable is prohibited. d. Safe Community: Content that promotes a safe, respectful, and inclusive community is encouraged.

5. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Showcase and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. License Grant to Client

By submitting User Content to the Service, you grant the client a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display the User Content for advertising and marketing purposes.

7. Payment and Compensation

a. Payment Cycle: We pay creators on a bi-monthly cycle through PayPal. b. Content Approval: Payment is made for content that has been approved by the client. c. Payment Queries: If you have any queries regarding payments, please contact us at hello@showca.se.

8. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Showcase. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

9. Dispute Resolution

In the event of any dispute arising out of or in relation to the Service, the parties shall first attempt to resolve the dispute through amicable negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration under the rules of the relevant Arbitration Body in Montreal, Quebec.

10. Limitation of Liability

To the maximum extent permitted by law, Showcase shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Service.

11. Indemnification

You agree to indemnify and hold harmless Showcase, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, arising out of or related to your violation of these Terms or your use of the Service.

12. Termination

We may terminate or suspend your access to the Service at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page with a new effective date.

14. User Representations and Warranties

Users represent and warrant that:

a. The content they upload is original, does not infringe on any third-party rights, and complies with all applicable laws and regulations. b. They have obtained all necessary permissions and consents to use and share any third-party content included in their uploads. c. They will not upload content that contains malware, viruses, or any other harmful software or data.

15. Content Review and Moderation

a. Showcase reserves the right to review, moderate, or remove any content that, in its sole discretion, violates these Terms or any applicable law. b. Users may appeal content moderation decisions by contacting us at hello@showca.se. All decisions regarding content appeals are final.

16. Payment Disputes

a. In the event of a payment dispute, users should first attempt to resolve the issue with the client amicably. b. If the dispute cannot be resolved, users can escalate the matter to Showcase by providing detailed information about the dispute to hello@showca.se. c. Showcase reserves the right to make final determinations regarding payment disputes at its sole discretion.

17. Copyright Policy

a. Showcase respects the intellectual property rights of others and expects its users to do the same. b. Users can report copyright infringements by contacting us at hello@showca.se. We will respond to valid notices of copyright infringement in accordance with applicable law.

18. Service Availability

a. Showcase does not guarantee uninterrupted or error-free service availability. b. Showcase is not liable for any loss or damage resulting from service interruptions, which may occur due to maintenance, updates, or factors beyond our control.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Montreal, Quebec, without regard to its conflict of law principles.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

21. Force Majeure

Showcase shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, wars, governmental actions, or internet outages.

22. Notices

a. Official notices to users regarding changes to the Terms or other important information will be communicated through the email address associated with the user's account or posted on the website. b. Users may send notices or communications to Showcase by contacting us at hello@showca.se.