Terms of Use
Effective Date: 10/12/2021
Date Last Updated: 9/8/2026
These Terms of Use (“Terms”) govern your access to and use of our website https://showus.tv (the “Site”), interactive shows, video podcasts, AMA events, pre-, live game or post-game hangouts, or other live events (“Events”), and any other sites, pages, or applications on which these Terms are posted (collectively, the “Platform”). These Terms set forth a binding agreement between you and ShowUs, Inc., its affiliates, and subsidiaries (collectively “ShowUs”, “we”, “our”, or “us”).
1. Acceptance Of These Terms
Please read these Terms carefully! You are bound by these Terms when you visit our Site, attend an Event, or otherwise use services or features of our Platform, such as registering an account or clicking “I Agree” or “I Accept” where relevant. If you do not agree to these Terms, you must not use the Platform.
1.1 Arbitration and Class Action Waiver
YOU UNDERSTAND THAT THESE TERMS CONTAIN AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER, WHICH SHALL BE ENFORCEABLE AGAINST YOU UNLESS CONTRARY TO APPLICABLE LAW. THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO BRING A CLASS ACTION LAWSUIT AGAINST US. (See Section 15 Dispute Resolution for complete details.)
1.2 Eligibility
You must have the legal authority and ability to enter into and agree to be bound by these Terms, or, if you are under 18 years old (or the age of majority in your jurisdiction), your parent or legal guardian must accept these Terms on your behalf.
If you are under 18 years old (or the age of majority in your jurisdiction), you may access or use the Platform only with the consent and ongoing supervision of your parent or legal guardian, who must accept these Terms on your behalf and is responsible for your access to and use of the Platform, including as a ticketed fan participant, special guest, content creator, host, commentator, talent, or subscriber to any creator plan. Children under 13 may not create an account or use interactive Platform features unless and only to the extent ShowUs, Inc. makes those features available in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable child-privacy, age-assurance, parental-consent, and entertainment-industry requirements. We may impose higher age thresholds or additional consent, verification, documentation, or supervision requirements where required by law, Platform functionality, an Event, or Additional Terms.
1.3 Additional Terms
In some cases, additional and different terms may apply (“Additional Terms”). For example, if you are a content creator, host, commentator, talent, or other content creator personality (a “Personality”), then different terms govern. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless expressly stated otherwise.
1.4 Your Acceptance of these Terms
By accepting these Terms or accessing the Platform, you acknowledge and agree that you:
- Are at least 18 years of age (or the age of majority in your jurisdiction) or, if you are accepting these Terms for a user under that age, are the parent or legal guardian of that user;
- Have read and understand the Terms;
- Agree to be legally bound to the Terms and any other agreements, policies, or other conditions incorporated herein by reference;
- Have the authority to accept the Terms on behalf of yourself in an individual capacity or, if applicable, on behalf of a minor child for whom you are the parent or legal guardian, a company, business entity, or other party that you have all legal and requisite authority to represent;
- That your use of the Platform does not violate any law, rule or regulation, terms of use, or other legally or contractually binding requirements to which you are subject.
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS OF USE THAT GOVERN YOUR USE OF THE PLATFORM. BY ACCESSING OR USING THE SITES, EVENTS, SERVICES, APPLICATIONS, OR ANY FEATURES OF OUR PLATFORM YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS FOR YOURSELF OR, IF APPLICABLE, AS THE PARENT OR LEGAL GUARDIAN OF A USER UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THAT USER’S JURISDICTION).
IF YOU DO NOT AGREE WITH THE TERMS OR DO NOT HAVE THE RIGHT, AUTHORITY OR CAPACITY TO ENTER INTO THESE TERMS FOR YOURSELF OR, IF APPLICABLE, ON BEHALF OF A USER UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THAT USER’S JURISDICTION), YOU ARE PROHIBITED FROM ACCESSING, USING, OR TRANSACTING ON THE PLATFORM.
YOU FURTHER REPRESENT AND WARRANT THAT YOU, AND ANY MINOR USER FOR WHOM YOU ACCEPT THESE TERMS, ARE OTHERWISE LEGALLY PERMITTED TO USE THE PLATFORM IN THE APPLICABLE JURISDICTION AND THAT WE ARE NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
IF YOU VIOLATE THESE OR ANY OTHER APPLICABLE ADDITIONAL TERMS, WE MAY IN OUR SOLE DISCRETION BLOCK OR PROHIBIT YOU FROM ACCESSING OR USING THE SITE, EVENTS, OR PLATFORM.
YOU AGREE TO INDEMNIFY SHOWUS FOR ANY BREACH OF THESE OR OTHER APPLICABLE TERMS. (See Section 13 on Indemnification for full details.)
1.5 Changes to these Terms
We reserve the right to modify our Platform in whole or in part. We may introduce new features, change existing features, or remove features from the Platform at any time and without prior notice. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Platform, including ShowUs’ release of new content, resources and/or new related websites or applications. If changes to the Terms are material, we will take reasonable steps to notify you and, if necessary, obtain your consent. Please check this page frequently so you are aware of any changes, as they are binding on you.
2. Prohibited Uses
You must use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
- In any way that violates any applicable U.S. or foreign federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To engage in transactions for the purpose of concealing economic activity, laundering money, financing terrorism or any other illegal purpose;
- To engage in any attack, hack, exploit or to otherwise interfere with the Platform or any features thereof;
- To transmit, or procure the sending of, any advertising material, without our prior written consent, including any “junk mail”, “chain letter,” or “spam” or any other similar solicitation;
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
- To impersonate or attempt to impersonate ShowUs, a ShowUs employee, or any other person or entity (including, without limitation, by using email addresses or screen names that could be associated with any of the foregoing);
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform;
- By targeting it with any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring, copying, or transmitting any of the content, Events, Merch, Sponsor Products, tickets, or other media on the Platform;
- To monitor, copy, or transmit any content, Events, Merch, Sponsor Products or other media on the Platform for any other unauthorized purpose without our prior written consent;
- By targeting it with any device, software, or routine that interferes with the proper working of the Platform in any way;
- To introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- To actually or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform or any server, computer or database connected to the Platform.
3. Access to the Platform
Our Platform connects Fans and Content Personalities through interactive shows, video podcasts, AMA events, pre-, live or post-game hangouts, or other livestream video events (“Events”). Fans may also be able to participate in additional features to enrich their experience, like purchasing special access, brand sponsor products, partner tickets, or limited edition IRL or digital merchandise.
To access and use the Platform, you are responsible for making all arrangements necessary for you to have access to the Platform, including by installing and configuring your settings on a compatible web browser.
While ShowUs may use commercially reasonable efforts to maintain Platform availability, ShowUs will not be liable if for any reason all or any part of the Platform is unavailable at any time for any period, including any unexpected outage, shutdown, suspension, or discontinuation.
3.1 Service Availability; Suspension, Modification, and Discontinuation of the Platform
Except as expressly set forth in a separate, signed written agreement between you and ShowUs (an “Enterprise Agreement”), ShowUs does not guarantee any specific level of uptime, availability, support, response time, maintenance window, or performance of the Platform, and no service level agreement or other service commitment applies to your creation of an Account or use of the Platform. You are not required to sign an Enterprise Agreement or any other separate agreement in order to create an Account or use the Platform. Enterprise Agreements are offered only to business or enterprise customers who request specific uptime, support, or service-level commitments. For all other users, the Platform is provided on an “as is” and “as available” basis as described in Section 11.
ShowUs may, in its sole discretion and without liability to you, suspend, restrict, modify, or discontinue the Platform, or any Event, feature, or functionality of the Platform, in whole or in part, temporarily or permanently, and with or without prior notice, including in connection with maintenance, security, or legal or regulatory requirements, or a decision to wind down or cease operating the Platform or any part of it. You acknowledge that the Platform may become unavailable, in whole or in part, without advance notice, and that ShowUs will have no obligation to provide continued access, to migrate, export, or preserve your content or data, or to provide any refund, credit, or other compensation in connection with any such suspension, modification, or discontinuation, except as required by applicable law or expressly set forth in Section 5.5. This Section 3.1 is in addition to, and does not limit, the disclaimers and limitations of liability in Sections 11 and 12.
4. Account Registration
Certain areas of the Platform require you to register for an account and provide information to use those features (an “Account”). If an Account is created for or used by a user under 18 years old (or the age of majority in that user’s jurisdiction), the user’s parent or legal guardian must consent to the Account, supervise the user’s use of the Account, and provide any consent, verification, or authorization that we require. Our collection, use, and sharing of information you provide is described in our Privacy Policy. If you choose not to provide information required for an Account, you may not be able to participate in those areas of the Platform.
You agree to provide only true, accurate, current, and complete information at all times. If we reasonably believe you provided any untrue, inaccurate, misleading, outdated, or incomplete information, we have the right to suspend or terminate your Account and deny you access to any or all features of the Platform. You must not use your Account for any illegal, illicit, or unethical activity, including money laundering, fraud, hacking, or any other misuse.
By registering for an account or creating a profile, you agree to accept responsibility for all activities that occur under that account, including keeping your password secret and secure. If you are a parent or legal guardian accepting these Terms for a minor, you are responsible for all activities that occur under the minor’s account or profile and for supervising the minor’s use of the Platform. You agree to immediately notify us of any unauthorized use of your account or any other breach of security as soon as you learn about it.
We reserve the right to suspend, discontinue, or terminate access to any Account, with or without notice, or refuse any and all future use of the Platform if you fail to comply with these Terms, if required parent or legal guardian consent, verification, supervision, authorization, or documentation for a minor user is not provided or is withdrawn, or, in our sole discretion, for any reason. You understand and agree that we shall have no liability or obligation to you in such an event, except as expressly stated in Section 5.5.
If you would like to close or terminate your Account, you may do so at any time by contacting us at [email protected].
5. Participating in Events
5.1 Ticketed Fan Participants
If you are an attendee, spectator, or other side-line participant in an Event (a “ShowUs participant”), you agree that any comments, questions, communications, or content you send, share, or otherwise input into the Platform will at all times comply with the User Content Rules set out in Section 7 below.
By attending or participating in an Event, you agree that your face, voice, messages, posts, or other content you submit at the Event may be recorded and used as part of the Event content, including by posting, streaming, replaying, distributing, or otherwise making the Event available on the Platform, social media channels, or other applications. If an Event participant is under 18 years old (or the age of majority in that participant’s jurisdiction), the participant’s parent or legal guardian must consent to the minor’s participation, recording, and use of the minor’s name, image, likeness, voice, messages, posts, and other content, and must provide any additional written release or consent that ShowUs, Inc. requires. Our collection, use, and sharing of information associated with Event participation is described in our Privacy Policy.
You acknowledge that by attending an Event you may be recorded and consent to being recorded. If you are a parent or legal guardian accepting these Terms for a minor Event participant, you give that consent on the minor’s behalf and agree to supervise the minor’s Event participation. If you or, as applicable, the minor participant do not consent to being recorded, you or the minor participant can choose to leave the Event. Any refunds or credits are subject to Section 5.5.
You grant ShowUs an irrevocable, non-exclusive, world-wide, royalty-free license to use, copy, store, archive, communicate, broadcast, reproduce, sublicense, publicly present, modify, adapt, and distribute the recording of the Event in any media or format (collectively “Replays”). If you are a parent or legal guardian accepting these Terms for a minor Event participant, you grant this license and waiver on the minor’s behalf to the fullest extent permitted by law. You also waive any and all copyright, moral rights, publicity rights, and any other applicable intellectual property rights you may have and any rights to claim royalties or any other form of compensation related to any Replays.
5.2 Personalities
When you participate in our Platform or an Event as a Personality (whether through purchased self-serve Creator Plan or direct Creator content partnership with ShowUs), your participation is also governed by the Talent Agreement and any other Additional Terms you agreed to. If a Personality is under 18 years old (or the age of majority in that Personality’s jurisdiction), ShowUs, Inc. may require parent or legal guardian acceptance, supervision, releases, work permits, trust account documentation, or other approvals required by applicable law or the applicable Additional Terms before the Personality may participate. These Additional Terms may supersede these Terms and control our engagement. You should read any Additional Terms carefully to clearly understand your rights and responsibilities.
5.3 Buying a Ticket to an Event or Event Package or Signing Up for a Creator Plan
You can purchase a ticket to attend, participate in, or watch an Event through the Platform as a fan participant. You can also sign up for a self-serve Creator Plan as a Personality. You may also have options to add on special features and purchase an Event Package. To do so, you need a valid, legal payment method with full authority to use it. If a purchase is for or by a user under 18 years old (or the age of majority in that user’s jurisdiction), the user’s parent or legal guardian must authorize the purchase and payment method. You represent and warrant that you will not use any form of payment unless you have all necessary legal authorization to do so.
You must supply information needed to process your transaction, like your name, credit or payment card number and expiration date, and billing address. If the transaction is for or by a user under 18 years old (or the age of majority in that user’s jurisdiction), the user’s parent or legal guardian must provide or authorize the required payment and billing information. Our collection, use, and sharing of information you provide is described in our Privacy Policy.
You agree to pay the applicable taxes and fees (including any sales taxes, surcharges, and delivery fees) as of the time you submitted the order. If payment is not received or your payment method is declined, you agree to pay all additional fees and costs incurred as a result.
5.4 Buying Merchandise
You may have the option to purchase merchandise, such as clothing, apparel, brand sponsor products, team partner event tickets, game-used items, digital points, and other items (“Merch”) through the Platform. If you sell merchandise or other offerings through a creator plan, that activity is subject to any applicable Additional Terms.
You must have a valid form of payment with all legal authorization to use that payment to purchase Merch. If the purchase is for or by a user under 18 years old (or the age of majority in that user’s jurisdiction), the user’s parent or legal guardian must authorize the purchase and payment method. You will also be asked to provide information, such as your name, contact information, and shipping details so that we can complete your order. Our collection, use, and sharing of information you provide is described in our Privacy Policy.
You agree to pay the applicable taxes and fees (including any sales taxes, surcharges, and delivery fees) as of the time you submitted the order. If payment is not received or your payment method is declined, you agree to pay all additional fees and costs incurred as a result.
We rely on industry shipping providers to fulfill and ship your order. We are not responsible for any lost, damaged, missing, or stolen Merch.
5.5 No Returns or Refunds
Unless otherwise expressly stated at the time of your transaction, all sales are final. No returns or refunds will be permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law, or as otherwise required under applicable state or federal consumer protection laws.
5.6 ShowUs Sponsor Program for Creators
From time to time, ShowUs may offer a Personality the opportunity to engage with a sponsor, advertiser, or brand partner introduced or facilitated by ShowUs (a “ShowUs Sponsor”) in connection with the Personality’s Creator Content or Platform activities (the “Sponsor Program”). ShowUs may decline to present, withdraw, modify, condition, or discontinue any Sponsor Program opportunity at any time in its sole discretion, including based on sponsor requirements, brand-safety concerns, legal or regulatory considerations, Platform policies, commercial terms, or conflicts information. Participation in the Sponsor Program, and any engagement with a particular ShowUs Sponsor, is entirely optional, and a Personality may accept or decline any Sponsor Program opportunity, or any specific ShowUs Sponsor, at the Personality’s sole discretion, unless the Personality has expressly agreed otherwise in separate written terms for that Sponsor Program opportunity.
If a Personality accepts a ShowUs Sponsor opportunity, ShowUs and the Personality will share the resulting sponsorship revenue in the percentage split, or will participate in any other commercial arrangement, set forth in the Additional Terms, Talent Agreement, or other written sponsor program terms presented to the Personality when the opportunity is offered, which the Personality must separately accept before participating in that engagement.
Before accepting a ShowUs Sponsor opportunity, the Personality must promptly and accurately disclose to ShowUs the Personality’s existing sponsor, advertiser, and brand partner relationships, exclusivity commitments, category restrictions, approval rights, conflict restrictions, union, league, team, school, agency, management, endorsement, platform, or other contractual limitations, and any other obligation that could restrict, conflict with, or be breached by the Personality’s participation in the Sponsor Program. ShowUs will use commercially reasonable efforts not to offer a ShowUs Sponsor that conflicts with a Personality’s existing sponsor relationships that have been disclosed to ShowUs in accordance with this Section 5.6. Notwithstanding the foregoing, the Personality represents and warrants that the Personality’s acceptance of, and performance under, any ShowUs Sponsor opportunity will not conflict with or breach any existing agreement or obligation the Personality has to another sponsor, advertiser, brand partner, platform, team, league, school, union, agency, manager, or other third party. ShowUs is not responsible or liable for determining whether a ShowUs Sponsor opportunity conflicts with any of the Personality’s agreements or obligations, or for any Claim arising out of the Personality’s undisclosed, incomplete, inaccurate, or conflicting obligations. The Personality agrees to indemnify ShowUs, under Section 13, for any Claim arising out of or relating to any such conflict, restriction, breach, nondisclosure, incomplete disclosure, or inaccurate disclosure.
6. Privacy Policy
Our collection, use, and sharing of personal information in connection with the Platform, including information relating to users under 18 and children under 13 where applicable, is described in our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully. To the extent these Terms describe rights to use content, names, images, likenesses, handles, logos, or other materials, our collection, use, and sharing of personal information remains subject to the Privacy Policy.
7. User Content Rules
The Platform may allow you and others to participate in discussion boards, chat rooms, blogs, comment sections, and other forums to post messages, pictures, review, or other content. If a user under 18 years old (or the age of majority in that user’s jurisdiction) uses these features, the user’s parent or legal guardian is responsible for supervising that use and for the minor’s content. If you post any content whatsoever through these Platform features you agree to follow these User Content Rules:
- Do not post degrading content intended to mock, humiliate, defame, embarrass, intimidate, threaten, or otherwise harm other people.
- Do not use hate speech or racial, ethnic, or bigoted slurs, and never post content that promotes or encourages violence or hatred against other people.
- Do not use profane, socially offensive, or other language such as cursing, cussing, or swearing. This includes language that is offensive, impolite, rude, or culturally insensitive.
- Never post nudity, pornography, or other sexually explicit or suggestive content.
- Maintain a supportive environment by not glorifying self-harm or encouraging other people to engage in self-harm.
- Respect other people’s privacy by never posting or sharing their personal information or other confidential information, including contact information or address.
- Do not post content intending to disrupt or annoy other individuals, and never post content while impersonating or pretending to be someone else.
- Never post anything illegal or that encourages illegal activity.
Except as otherwise expressly stated in writing, and subject to Section 8.6 with respect to Creator Content, you agree that any content whatsoever that you post on the Platform will be treated as non-confidential and non-proprietary to the fullest extent permitted by law. You grant ShowUs an unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, or otherwise exploit, and to authorize third parties (including sponsors, advertisers, distribution partners, and sublicensees through multiple tiers) to exploit, in any manner or formats whatsoever, all or any portion of your content or other information you submit to ShowUs for any purpose, including any commercial purpose such as advertising, sponsorship, brand integration, product placement, syndication, paid or ad-supported distribution, licensing, and other monetization, and including the right to use such content to train, fine-tune, and develop machine learning and artificial intelligence models and to create synthetic or AI-generated derivative works, on or through any media. If you are a parent or legal guardian accepting these Terms for a minor, you grant the foregoing rights and licenses, and provide the foregoing waivers and permissions, on the minor’s behalf to the fullest extent permitted by law. You agree that you own or have obtained all rights, title, authorizations, or permissions to the content you submit that are necessary to grant all of the rights and licenses to ShowUs described in these Terms. Except as prohibited by law, you waive any moral rights you may have in any content whatsoever that you submit, even if such content is altered or changed in a manner not agreeable to you. You acknowledge and agree that ShowUs and its sublicensees, sponsors, advertisers, and distribution partners may generate revenue from the exercise of the rights granted in this Section 7, and that you are not entitled to any compensation, royalty, revenue share, or other consideration in connection with that use except as expressly provided in a separate written agreement with ShowUs.
We have the right, in our sole discretion, to remove or delete any content for any reason, including if such content violates this Section on User Content Rules or Terms in general.
8. Intellectual Property
At ShowUs, we respect the intellectual property rights of others, including those of the Personalities on our Platform (whether through a creator plan or direct content partnership). We have no obligation to monitor any content, streams, Events, or other features on our Platform where content may be available. However, we reserve the right, in our sole discretion, to refuse to post and remove any content whatsoever to protect a third party’s intellectual property rights or to ensure compliance with these Terms or any Additional Terms.
8.1 The Digital Millennium Copyright Act
We will respond to proper notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”). If we receive a proper DMCA notice we will endeavor to remove all allegedly infringing content from the areas of our Platform and Sites under our control
8.2 DMCA Notice
If you believe Digital Media on our Platform violates your copyright, please notify us immediately in writing by using the following contact information:
- Mail: 4 Rosebank Ave, Kentfield, CA, 94904
- Email: [email protected]
So that we can respond to your notification, please include all of the following information:
- A physical or electronic signature of the copyright owner or of a person authorized to act on behalf of the copyright owner;
- A clear identification of the copyrighted content that is claimed to be infringed, if multiple instances/ presentations are implicated, a representative list of such works;
- Identification of the content online, including, if possible, a URL link to the content on the Platform;
- Information reasonably sufficient to permit us to contact you, such as your email address, physical address, and/or telephone number;
- A statement that you have a good faith belief that the relevant content is being used in a way that is not authorized by the copyright owner, its agent, or under the law;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
8.3 DMCA Counter Notice
On the other hand, if you receive a notice from ShowUs that any content you may have posted on the Platform has been taken down (a “DMCA Take-Down Notice”) and you believe that the content removed was not infringing or that you have authorization to post it from the copyright owner, their agent, or pursuant to the law, then you may send us a Counter Notification under the DMCA. You may submit this notice to us, in writing, using the following contact information:
- Mail: 4 Rosebank Ave, Kentfield, CA, 94904
- Email: [email protected]
So that we can respond to your notification, please include all of the following information:
- Your physical or electronic signature;
- A clear identification of the content that has been removed and the location of the content on our Platform before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of misidentification or mistake;
- Your name, telephone number, and email address;
- A statement that you consent to the jurisdiction of the U.S. District Court in the state in which you reside, and a statement that you will accept service of process from the person who provided the DMCA notification of the alleged infringement to us.
8.4 Our Intellectual Property Rights to Site and Platform Content
You acknowledge that the Platform and its entire contents, features, and functionality (including but not limited to all information, technology, software, text, displays, images, video, audio, name, logo, service names, designs, slogans, and trademarks, and the design, selection, and arrangement thereof) (the “Site and Platform Content”) are owned or licensed by ShowUs, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are only permitted to access and use the Platform and any content whatsoever posted on the Platform as expressly authorized by these Terms.
ShowUs does not claim ownership of any content created via self-serve Creator plans. However, ShowUs retains a non-exclusive, royalty-free license to use, display, and distribute such content for purposes of promoting the Platform, expanding audience reach, or supporting sponsor relationships, subject to any applicable Additional Terms agreed with the Creator Personality. The ownership of, and the rights granted to ShowUs in, content created by a Personality under a self-serve Creator plan or a content partnership are further set forth in Sections 8.6 and 8.7, which control over this Section 8.4 in the event of any conflict.
These Terms do not transfer any right, title, or interest in the Platform or any content whatsoever to you. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Platform or any content whatsoever.
EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE PLATFORM OR ANY CONTENT WHATSOEVER MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ShowUs. YOU ARE PROHIBITED FROM MODIFYING, DISTRIBUTING, PUBLISHING, TRANSMITTING, OR CREATING DERIVATIVE WORKS OF ANY ASPECT OF THE PLATFORM OR CONTENT WHATSOEVER FOR ANY PURPOSES.
8.5 Consequences for Infringement
We reserve the right to terminate your access to the Platform or your Account if we are notified or discover that you have intentionally or negligently engaged in any conduct that infringes our intellectual property rights or anyone else’s intellectual property rights. We also reserve the right to remove or take down any content whatsoever that infringes anyone’s intellectual property rights in any way. You are responsible for indemnifying us for any infringement Claims arising from your conduct consistent with Section 13.
8.6 Creator Content: Ownership and License to ShowUs
As between you and ShowUs, you retain all right, title, and interest, including all copyright and other intellectual property rights, in and to the content you create, record, perform, upload, or otherwise make available on or through the Platform in your capacity as a Personality under a self-serve Creator plan or a direct content partnership (“Creator Content”). If the Personality is under 18 years old (or the age of majority in that Personality’s jurisdiction), the Personality’s parent or legal guardian must have authority to grant rights and permissions in the Creator Content on the Personality’s behalf. ShowUs does not claim ownership of Creator Content, and nothing in these Terms operates as an assignment or transfer of ownership of Creator Content to ShowUs.
You hereby grant ShowUs a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, sublicensable, and transferable license, with the right to grant and authorize sublicenses through multiple tiers, to host, store, cache, reproduce, distribute, publicly perform, publicly display, stream, broadcast, rebroadcast, syndicate, edit, excerpt, clip, translate, reformat, create derivative works of, and otherwise use, exploit, monetize, commercialize, promote, market, advertise, and improve the Creator Content, in whole or in part, alone or in combination with other material, in any media or format now known or later developed, for any purpose, including any commercial purpose. If the Personality is under 18 years old (or the age of majority in that Personality’s jurisdiction), the Personality’s parent or legal guardian grants this license on the Personality’s behalf to the fullest extent permitted by law.
Without limiting the generality of the foregoing, the license granted in this Section 8.6 expressly includes the right of ShowUs and its sublicensees, sponsors, advertisers, brand partners, and distribution partners to use the Creator Content to operate, provide, maintain, host, moderate, secure, support, improve, develop, promote, market, advertise, monetize, and commercialize the Platform, Events, Replays, Creator plans, content partnerships, and related sponsor, advertiser, and brand programs, including through advertising, sponsorship, brand integration, product placement, paid or ad-supported distribution, syndication, licensing, and other revenue-generating uses, and to distribute the Creator Content across any channel, platform, or service, including third-party social media, streaming, and content distribution platforms. The license further includes the right to use the Creator Content to train, fine-tune, and develop machine learning and artificial intelligence models and to create synthetic or AI-generated derivative works.
The license granted in this Section 8.6 extends to your name, likeness, image, voice, performance, biographical information, persona, signature, usernames, social media handles, account names, trademarks, service marks, trade names, logos, artwork, designs, team or brand identifiers you control or are authorized to provide, and other related intellectual property, publicity, and proprietary rights that you provide, make available, or authorize for use in connection with the Platform, in each case in connection with operating, providing, maintaining, hosting, moderating, securing, supporting, improving, developing, promoting, marketing, advertising, monetizing, and commercializing the Creator Content, the Platform, Events, Replays, Creator plans, content partnerships, and related sponsor, advertiser, and brand programs. Our collection, use, and sharing of personal information in connection with these uses is subject to the Privacy Policy. If the Personality is under 18 years old (or the age of majority in that Personality’s jurisdiction), the Personality’s parent or legal guardian consents to those uses on the Personality’s behalf to the fullest extent permitted by law.
You represent and warrant that you own or have secured all rights, consents, clearances, releases, approvals, and permissions necessary to grant the license in this Section 8.6, including from any individual appearing or performing in, and any third party holding rights in, the Creator Content or related names, images, likenesses, trademarks, handles, logos, or other identifiers, and, for any minor Personality or minor appearing or performing in Creator Content, from that minor’s parent or legal guardian where required by law, and that the Creator Content and ShowUs’ exercise of the rights granted in this Section 8.6 do not and will not infringe, misappropriate, or otherwise violate the rights of any third party.
Except as expressly provided in a separate written agreement between you and ShowUs (including any Talent Agreement or other Additional Terms), you are not entitled to any compensation, royalty, revenue share, or other consideration for ShowUs’ exercise of the rights granted in this Section 8.6. In the event of a conflict between this Section 8.6 and Section 7 or Section 8.4, this Section 8.6 controls with respect to Creator Content.
8.7 Creator Request to Limit Commercial Use
You may request that ShowUs cease using your Creator Content for commercial purposes by submitting a written request to [email protected] that identifies, with reasonable specificity, the Creator Content and the commercial uses to which the request applies (a “Commercial Use Request”). ShowUs may require reasonable verification that the request was submitted by you or your authorized representative.
Upon receipt of a valid Commercial Use Request, ShowUs will, within thirty (30) days, cease initiating new commercial uses of the identified Creator Content and will use commercially reasonable efforts to remove the identified Creator Content from commercial distribution channels under ShowUs’ direct control.
A Commercial Use Request operates prospectively only. A Commercial Use Request does not: (i) require ShowUs to recall, retract, or remove Creator Content that has already been published, distributed, broadcast, or delivered to any third party; (ii) terminate or limit any sublicense granted before ShowUs’ receipt of the request, which will continue in accordance with its terms; (iii) apply to Creator Content that has been incorporated, before receipt of the request, into any Replay, compilation, archive, highlight, or other derivative work; (iv) apply to ShowUs’ non-commercial, operational, archival, backup, security, legal, or regulatory uses of the Creator Content; or (v) entitle you to any refund, credit, offset, or damages.
Except as expressly limited by a Commercial Use Request, the license granted in Section 8.6 remains in full force and effect. If a Commercial Use Request materially impairs a sponsorship, advertising, or distribution commitment that ShowUs has made in reliance on the Creator Content, ShowUs may suspend or terminate the applicable Creator plan or content partnership on written notice to you. If you have agreed to Additional Terms (including a Talent Agreement) that address commercial use of Creator Content, those Additional Terms control over this Section 8.7.
9. Reliance on Platform Information
The information presented on or through the Platform is made available solely for general information purposes. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, availability, or our business. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Platform is inaccurate at any time, in our sole discretion, with or without notice.
Additionally, we do not warrant the accuracy or completeness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by anyone.
10. Third Party Links, Content, Conduct, and Transactions
The Platform may include links to or content provided by third parties. We do not maintain or own this content and do not imply approval, sponsorship, or endorsement of these other sites, which we may not have reviewed. If you decide to leave our Platform to access third-party sites, you do so at your own risk. You agree that we do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Platform.
To the maximum extent permitted by applicable law, ShowUs is not responsible or liable for the acts or omissions of any third party, including any other user, fan participant, special guest, Personality, Creator, content partner, sponsor, advertiser, brand partner, team or league partner, ticketing or box-office provider, payment processor, hosting, streaming, or content delivery provider, shipping or fulfillment provider, or other vendor or service provider, in each case whether or not that third party is identified on, linked from, or made available through the Platform. ShowUs is not responsible or liable for any conflict between a third-party sponsor, advertiser, or brand opportunity and any obligation, restriction, or relationship of a Personality, except to the extent liability cannot be excluded under applicable law.
Any interaction, communication, transaction, or dispute between you and any third party, including any other user or Personality, is solely between you and that third party. ShowUs has no obligation to become involved in, mediate, or resolve any such dispute, and you are solely responsible for your dealings with third parties.
You acknowledge that Events are live, unscripted, and driven by user and Personality participation, and that ShowUs does not pre-screen, monitor, or control the content, statements, or conduct of users or Personalities on the Platform. Parents and legal guardians are responsible for supervising any minor’s participation in live or interactive features. To the maximum extent permitted by applicable law, ShowUs disclaims all liability arising out of or relating to any content, statement, act, or omission of any user or Personality, including any content or conduct that is defamatory, harassing, offensive, infringing, inaccurate, deceptive, or otherwise unlawful.
To the maximum extent permitted by applicable law, you release ShowUs and the Indemnified Parties (as defined in Section 13.1) from any and all Claims of every kind and nature, known and unknown, arising out of or in connection with any dispute between you and any third party, including any other user, Personality, sponsor, advertiser, or vendor. If you are a parent or legal guardian accepting these Terms for a minor, this release applies to Claims arising out of or relating to the minor’s use of the Platform to the fullest extent permitted by law. If you are a California resident, you expressly waive California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You further waive any statute, rule, or common law principle of similar effect in any other jurisdiction.
Nothing in this Section 10 limits or excludes any liability that cannot be limited or excluded under applicable law, and the disclaimers, releases, and waivers in this Section 10 apply only to the extent permitted in your jurisdiction.
11. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE ENTERPRISE AGREEMENT, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, SERVICE LEVELS, UPTIME GUARANTEES, SUPPORT COMMITMENTS, OR PERFORMANCE COMMITMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SHOWUS NOR ANY PERSON ASSOCIATED WITH SHOWUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER SHOWUS NOR ANYONE ASSOCIATED WITH SHOWUS REPRESENTS OR WARRANTS THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, AVAILABLE, CONTINUOUS, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY OUTAGE, SHUTDOWN, SUSPENSION, OR DISCONTINUATION WILL NOT OCCUR, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
SHOWUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability
IN NO EVENT WILL SHOWUS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL SHOWUS’ TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO SHOWUS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOWUS WILL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATING TO THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING ANY OTHER USER, PERSONALITY, SPONSOR, ADVERTISER, PAYMENT PROCESSOR, TICKETING PROVIDER, SHIPPING OR FULFILLMENT PROVIDER, OR OTHER VENDOR, AS FURTHER SET FORTH IN SECTION 10.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
13.1 Obligations
You agree to indemnify, defend, and hold harmless ShowUs, our affiliates, and our respective officers, directors, members, managers, agents, employees, personnel, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, lawsuits, losses, injuries, damages, liabilities, judgments, costs and expenses including reasonable attorneys’ fees, experts’ fees and court costs (each a “Claim”) arising out of or in connection with (i) a breach of these Terms or any other applicable terms by you or, if you are a parent or legal guardian accepting these Terms for a minor, by that minor, including any allegation that, if true, would constitute a breach, such as any Claim that any of the Indemnified Parties’ use of, or other exercise of their rights in, any content, Creator Content, name, image, likeness, trademark, handle, logo, or other identifier infringes, misappropriates, or otherwise violates a patent, copyright, trademark, trade secret, publicity, privacy, contractual, or other intellectual property or proprietary right, (ii) any sponsor, advertiser, brand, exclusivity, approval, conflict, or other restriction or obligation that you fail to disclose or that conflicts with your participation in a Sponsor Program opportunity, and/or (iii) the negligent acts or omissions, errors, or intentional wrongdoing by you, any minor for whom you accept these Terms, your employees, subcontractors, agents, or other legal representatives.
13.2 Procedures
We will notify you of any Claim promptly after we learn about it; provided, however, that your obligations under this Section shall continue even if we do not provide you with prompt notice of any such Claim, so long as you are not materially prejudiced as a result. At our sole discretion, we shall control the proceedings relating to a Claim or allow you to do so, at your sole cost and expense. Under no circumstance may you settle any Claim without the consent of the applicable Indemnified Parties, which shall not be unreasonably withheld. To the fullest extent permitted by law, such settlement shall not admit liability on the part of any Indemnified Party or imposes any liability or obligation upon such Indemnified Party. If you fail to timely undertake the defense of a Claim, each of the applicable Indemnified Parties shall have the right, but not the obligation, themselves to undertake, or to have another for them to undertake, the defense (including settlement) of such Claim, which shall be on behalf of, for the account of, at the sole cost and expense of, and at the sole risk of, you.
14. Governing Law and Jurisdiction
All matters relating to the Platform, these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of San Francisco, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Dispute Resolution
If you have any issue or dispute with ShowUs, you agree to first contact us at [email protected] to attempt to resolve the dispute with us informally. If we are not able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in the County of San Francisco, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Platform.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SHOWUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16. Waiver and Severability
Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of our right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17. Entire Agreement
These Terms, our Privacy Policy, and any applicable Additional Terms, subject to any amendments, modifications, or additional agreements you enter into with ShowUs, shall constitute the entire agreement between us with respect to the Platform and any use of the Platform whatsoever.
18. Contact Us
If you have any questions or comments about these Terms please contact us at [email protected].