Showcatcher Terms of Service Agreement
This Showcatcher Terms of Service Agreement (“Agreement” or “Terms of Service”) is made between Showcatcher Ltd (registered number 07628569) (“Showcatcher,” “we,” “us,” or “our”) and you, our customer (“you” or “your”). This Agreement governs your use of the Showcatcher owned-and-operated website, applications, and embeddable video and/or media player (“Services”).
By creating an account, viewing videos, making a purchase, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorised to access the account.
We may update this Agreement by posting a revised version on our website, and by continuing to use our Services, you accept the terms of any revised Agreement.
2. Our Services
Service License: Subject to the terms hereof, we grant you access to our Services which includes the right to:
- Stream videos that you have the right to view;
- Upload, store, and/or live stream videos;
- Use all related functionality that we provide.
Features: The features available to you will depend on your whether you are a personal or professional user and we reserve the right to change features from time to time.
Third Parties: We may provide links to and integrations with websites or services operated by others and your use of each such website or service is subject to its terms of service.
Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos or inputting information about live events) and to do so, you must provide an email address. By creating an account, you agree to receive notices from Showcatcher at this email address.
Organisational Accounts: All corporate, governmental, and other organisational users must publicly display the legal name of their entity on their public account profile.
Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please ensure that person reads this Agreement with you and consents to it before proceeding.
Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorised activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorised access to your account, you must change your password and notify us immediately.
4. Subscription Plan
In our test phase we may offer free membership to public and professional users. Professional users may add information about forthcoming productions and upload and share video content. Public users can access uploaded videos and the cost of viewing is noted against each item (in some cases free). Once a video has been purchased viewing remains as defined on the site.
Refund Policy: No refunds will be made once a purchase has been made to watch a video.
5. Acceptable Use Policy
We may allow you to upload, live stream, submit, or publish ("submit") content such as videos, recordings, images, and text ("content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set out in this Section 5. Showcatcher may (but is not obligated to) monitor your account, content, and conduct and Showcatcher may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.
5.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Showcatcher a takedown notice if they believe Showcatcher is hosting infringing materials. We may, in appropriate circumstances, terminate the accounts of persons who infringe.
5.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims about vaccination safety;
- Conveys false or misleading health-related information that has a serious potential to cause public harm;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
5.3 Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organisation;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Embed our video player on or provide links to sites that contain content prohibited by Section 5.2; or
- Cause or encourage others to do any of the above.
5.4 Prohibited Technical Measures
You will not:
- Except as authorised by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage our Services.
5.5 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive UK sanctions program.
5.6 Accessibility and Ratings
We may allow you to filter videos based upon their user-defined content rating. We cannot guarantee that videos will be appropriately rated by others. You must rate your videos appropriately.
6. Licenses Granted by You
As between you and Showcatcher, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Showcatcher to host and stream your content, you grant Showcatcher the following permissions:
6.1 Your Video Content
By submitting a video, you grant Showcatcher permission to:
- Stream the video to end users;
- Embed the video on third-party websites;
- Distribute the video via our APIs;
- Make the video available for download;
- Transcode the video (create compressed versions of your video file that are optimized for streaming); and
- Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).
If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes of this Section 6.1, your video includes its title, description, tags, and other metadata.
The license period begins when you submit the video to Showcatcher and ends when you or Showcatcher delete it; provided that Showcatcher may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Showcatcher in good faith believes that it is legally obligated to do so.
6.2 Account Profile
You grant Showcatcher permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Showcatcher shall have the right to identify public profiles in its marketing and investor materials.
6.3 Other Content and Feedback
Content that is not covered by the licenses in Sections 6.1, or 6.2 shall be governed by this Section 6.3 (e.g., text you submit in comments). You grant Showcatcher a perpetual and irrevocable right and license to copy, transmit, distribute, publicly perform, and display such content through online means in connection with our Services. If you make suggestions to Showcatcher on improving our products or services, Showcatcher may use your suggestions without any compensation to you.
6.4 Scope of Licenses
All licenses granted by you in this Section 6: (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), and display and otherwise exploit, the licensed work for the purposes stated above; (c) enable Showcatcher to exploit all associated copyrightable works or metadata, including, without limitation, song lyrics, musical notations and designs; and (d) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called “moral rights” that you may have. Nothing in this Agreement shall be deemed a license “condition” applicable to Showcatcher; rather, any breach of a term by Showcatcher hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant.
7. Your Obligations
7.1 Representations and Warranties
For each piece of content that you submit to or through Showcatcher, you represent and warrant that:
- You have the right to submit the content to Showcatcher and grant the licenses herein;
- Showcatcher will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
- You have obtained appropriate releases (if necessary) from all persons who appear in the content;
- The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
- The content complies with this Agreement and all applicable laws.
You will indemnify, defend, and hold harmless Showcatcher and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.
8. Term and Termination
This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Showcatcher may terminate this Agreement at any time by providing thirty (30) days’ written notice, and users may terminate at any time by deleting their accounts.
If you breach this Agreement, Showcatcher may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Showcatcher deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 6.3 (Other Content and Feedback), Section 7.2 (Indemnification), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Disputes, Arbitration, and Choice of Law), and Section 12 (General Provisions).
SHOWCATCHER PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and internet access.
Except as expressly contained in these Terms of Service, and to the extent permitted by applicable law, Showcatcher disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Among other things, Showcatcher makes no representations or warranties:
- That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- Concerning any content submitted by or actions of our users;
- That any geo-filtering or digital rights management solution that we might offer will be effective;
- That our Services will meet your business or professional needs;
- That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
- Concerning any third-party websites and resources.
10. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) SHOWCATCHER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SHOWCATCHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) SHOWCATCHER'S TOTAL LIABILITY TO YOU, EXCEPT FOR SHOWCATCHER’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SHOWCATCHER OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED POUNDS (£100), WHICHEVER IS GREATER.
11. Disputes, Arbitration, and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need for outside assistance.
11.1 Choice of Law
Any disputes relating to this Agreement or your use of our Services will be governed by the laws of England without regard to principles of conflicts of law.
11.2 Choice of Venue for Litigation; Jury Trial Waiver
Except for matters that must be arbitrated (as set out below), you and Showcatcher agree that any action relating to this Agreement or your use of our Services must be commenced in the courts located in England; you consent to the exclusive jurisdiction of those courts. IN ANY SUCH ACTION, SHOWCATCHER AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
11.3 Arbitration of Privacy Claims; Class Action Waiver
The exclusive means of resolving any Covered Privacy Claim (defined below) shall be BINDING ARBITRATION. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED PRIVACY CLAIM.
Overview: Arbitration provides a private dispute resolution process that is usually more streamlined and less formal than litigation. In an arbitration, your rights will be determined by a neutral third party called an arbitrator, and not a judge or jury. Both you and Showcatcher are entitled to fundamentally fair proceedings at every stage of the arbitration, including the hearing. The arbitrator will decide all issues relating to the dispute, including the question of arbitrability, and can grant any relief that a court could grant. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Small Claims Court Exception: Notwithstanding the above, each party has the right to bring an individual Covered Privacy Claim against the other in a small claims court. If one party files an arbitration that could be litigated in such a small claims court, the responding party may request that the dispute proceed in small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed. If requested after the appointment of the arbitrator, the arbitrator shall administratively close the arbitration so long as the proceedings are at an early stage and no hearing has occurred.
12. General Provisions
Reservation of Rights, Severability: Showcatcher reserves all rights not expressly granted herein. Showcatcher’s rights and remedies are cumulative. No failure or delay by Showcatcher in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed.
Force Majeure: Showcatcher will not be liable for any delay or failure caused by (a) acts of God/natural disasters (including hurricanes and earthquakes); (b) disease, epidemic, or pandemic; (c) terrorist attack, civil war, civil commotion or riots, armed conflict, sanctions or embargoes; (d) nuclear, chemical, or biological contamination; (e) collapse of buildings, fire, explosion, or accident; (f) labor or trade strikes; (g) interruption, loss, or malfunction of a utility, transportation, or telecommunications service; (h) any order by a government or public authority, including a quarantine, travel restriction, or other prohibition; or (i) any other circumstance not within Showcatcher’s reasonable control, whether or not foreseeable (each a “force majeure event”). In the event of a force majeure event, Showcatcher shall be relieved from full performance of the contractual obligation until the event passes or no longer prevents performance.
Relationship: You and Showcatcher are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Showcatcher or who is prohibited from registering; any such assignment will be void. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.
Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with Section 1 or in a document executed by authorised representatives of Showcatcher. If you have a signed agreement with Showcatcher, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.