Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.showsonfire.com website (referred to, as applicable, as "Shows on Fire", the "Site", "we" or "us"), services, mobile applications, tools, products, and associated services (collectively, the "Services"). As a customer of the Service or a representative of an entity that is a customer of the Service, you are a "Member" according to this agreement (or "you"). You represent that you have full power, capacity and authority to accept these Terms on behalf of yourself or your employer. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1. Billing. Shows on Fire may offer the Service through a combination of billing methods, which include, but are not limited to, monthly or annual recurring subscriptions ("Subscription"). You will be billed on the date you subscribe to the Service ("Subscription Date"), and will continue to bill you in accordance with your selected Subscription until you cancel the Service. You must cancel your Subscription at least one day before your next billing date to avoid a Subscription renewal. Fees will be billed to your Payment Method on the calendar day corresponding to the Subscription Date and are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your Effective Date began on a day not contained in a given month.
2. Payment Methods. A valid payment method, including credit card, is required to process the payment for your Subscription. You can update your Payment Methods by going to the "Billing" section in "My Account" page of our Website. By submitting such payment information, you automatically authorize us to charge all Subscription fees associated to your account to the applicable Payment Method(s). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. Shows on Fire will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3. Cancellation. You can cancel your Subscription at any time, and you will continue to have access to the Service through the end of your pre-paid billing cycle. We do not provide refunds or credits for any partial membership periods. By cancelling your Subscription, you agree to forfeit any promotions or discounts applied to your Subscription or account, and cannot be redeemed again at a later time or date. To cancel, please go to the "Plan" section in "My Account" page of our Website, and change your Subscription plan to Basic.
4. Price and Fee Changes. Shows on Fire reserves the right to change our Subscription plans or adjust pricing for our Service at any time as we may determine in our sole and absolute discretion. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the updated Subscription fee amount.
5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation by downgrading to Basic plan, you will continue to have access to the Service through the end of your current billing period.
NOTWITHSTANDING ANYTHING WRITTEN HEREIN TO THE CONTRARY, THE MEMBER AND THE SITE ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SHOWS ON FIRE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICE, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT COMES IN CONNECTION WITH THE WEBSITE OR SERVICE INCLUDING TERMINATION OF SERVICE AND SUBSCRIPTION FOR ANY REASON, EVEN IF SHOWS ON FIRE TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ORDER FOR THE MEMBER TO BENEFIT FROM THE SUBSCRIPTION FEE, YOU AGREE THE WEBSITE AND TEAM'S LIABILITY FOR ALL CLAIMS MADE ABOUT OUR SERVICE IN ANY MONTH SHALL NOT EXCEED WHAT YOU PAID US THE MONTH BEFORE. WE SHALL NOT BE LIABLE FOR ANY FAILURE OF OR DELAY IN THE PERFORMANCE OF THIS AGREEMENT FOR THE PERIOD THAT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO AN ACT OF GOD, WAR, HACKER ATTACK OR DENIAL OF SERVICE ATTACK, THIRD PARTY INTERNET PROVIDERS, GOVERNMENT ORDERS, RESTRICTIONS, STRIKES, OR OTHER LABOR PROBLEMS, POWER FAILURES, NUCLEAR DESTRUCTION, EARTHQUAKE, NATURAL DISASTER, CIVIL UNREST, ACTS OF TERROR, NATIONAL EMERGENCIES, ARMAGEDDON OR ANY OTHER FORCE MAJEURE EVENT.
Shows on Fire does not provide or make any guarantee or representation of any kind, including the term "Hot", "Hotness Rank", or "Hidden Shows in Demand" concerning the results or profit of your use of the Website or Service. There is no assurance as to any particular outcome, including increased income, sales, and/or any other outcome, based on the use of the Website and Service. Any loss of revenue or income will not liabile or responsible by Shows on Fire and team. Testimonials or examples displayed or depicted through Shows on Fire’s Website, programs, and/or the Service are only examples of what may be possible.
The Website and the Service may contain links to third party websites, resources, or services that are not owned or controlled by Shows on Fire. You acknowledge and agree that Shows on Fire has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. Links to such websites or resources are provided only as a convenience to you and do not imply any endorsement by or affiliation with Shows on Fire. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Shows on Fire shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. Shows on Fire strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
1. Security. Shows on Fire considers the privacy and protection of your data the utmost importance and priority to us. We take all reasonable technical and organizational precautions to protect and shield the confidentiality, security and integrity of your Personal Data. Although we use multiple and various security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, Shows on Fire cannot 100% guarantee the security and protection of information and data transmitted to us over the Internet.
2. Data Storage. The Personal Data and information that you provide and transmit to us is usually stored on servers located in the United States. If you are located and residing in another jurisdiction, you should be conscious that once your Personal Data is submitted through the Website and our Service, it will be transmitted to our servers in the United States and that the United States currently does not have uniform data protection laws in place.
3. Retention. Shows on Fire will retain your data and information for as long as needed to maintain and provide you with our service. If you wish to close your account or request that we shall no longer use your data and information to maintain your service, please reach out to us at email@example.com. Shows on Fire will only retain data and information that is needed to comply with our legal obligations, resolve disputes, and enforce our agreements.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We may terminate or suspend access to our Service or your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If you wish to terminate your account, you may simply cancel any existing Subscription by changing to Basic plan, and discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Shows on Fire and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Your use of the Service and the Website is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Website and its subsidiaries, affiliates, third party websites and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Any dispute or controversy you or we have arising under or in contact with this agreement shall be settled exclusively by binding arbitration solely by written submission in New York, in the State of New York, in accordance with the expedited Commercial rules of the American Arbitration Association then in effect, by one arbitrator. Judgment may be rendered on the arbitrator’s award in any court having jurisdiction. The arbitrator shall not have the power to award any punitive or consequential damages. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
The Website and its original content, features and functionality (including look), our trademarks, service marks, logos, and Service content ("Intellectual Property") are owned by Shows on Fire and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our Intellectual Property. The term "content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, AdWords, and interactive features generated, provided, or otherwise made accessible on the Website or otherwise through Shows on Fire.
When you use the Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.