Welcome to ShowBIZData.com. To ensure a safe, environment for all of our users, we have established our Membership Terms and Conditions and our Site Terms of Use (collectively the "Terms and Conditions"). It spells out what you can expect from us and what we expect from you. By accessing any areas of ShowBIZData.com (the "Site"), users ("Users") agree to be legally bound and to and abide by the terms set forth below.
ShowBIZData.com is owned and operated by ShowBIZData Holdings, LLC. Any references herein to ShowBIZData shall be deemed to refer to ShowBIZData.com, ShowBIZData Holdings, LLC and/or any other websites or entities owned by ShowBIZData Holdings, LLC as applicable under the circumstances.
ShowBIZData reserves the right to reject submissions deemed to be in violation of these terms and conditions, or any incomplete or illegal submissions.
ShowBIZData reserves the right to change these terms and conditions at any time. You are responsible for checking the Site periodically to review the current legal Terms and Conditions to ensure that your use of the Site remains in compliance with this agreement.
Your Account
As part of the subscription process for ShowBIZData you have selected or been assigned a user ID and password to access your account at ShowBIZData. You agree that you are the only individual entitled to access the Site using your user ID and password and agree not to permit others to access the Site using your user ID and password. You agree that all actions taken by you, or any other user that accesses the Site using your user ID and password, at or through any areas of the Site, will be attributed to you and legally bind you, regardless of whether the user had actual authority or not. You assume all resulting liability from use of ShowbizData and any services available on it by you or others using your user ID and password. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ALL LOG-IN INFORMATION IN RELATION TO YOUR ShowBIZData ACCOUNT AND FOR RESTRICTING ACCESS TO YOUR COMPUTER, AND YOU AGREE TO ACCEPT RESPONSIBILITY FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.
Billing
You will be billed once every 30 days, and you may cancel at any time. Accounts that are cancelled prior to the end of your current billing cycle, will automatically expire at the end of the billing cycle and will not renew. ShowBIZData does NOT offer any partial refunds and cancellation MUST BE received NO LESS THAN FIVE (5) BUSINESS DAYS before your account automatically renews at the end of each cycle.
ShowBIZData accepts the following forms of payment:
Visa
Mastercard
American Express
All charges will show on your credit card statement as ShowBIZData Holdings, LLC.
A valid credit card with the member’s name and address must be used to activate your ShowBIZData account and for your monthly subscription. Your credit card will be billed immediately on the day of sign up. From then, an automatic recurring monthly charge will be billed to your credit card on the same day of the month you signed up. Your card will be charged according to the Plan you have selected. You may upgrade your Plan at anytime through your account profile.
Cancellation
Should you ever wish to cancel your ShowBIZData membership account, you may do so at anytime. There are no minimum contracts or agreements other than set forth above. Please be advised that we must receive all outstanding balances before your request to close your account will take effect. There will be no pro-rated refunds of your monthly membership fee. Your credit card will not be billed on the next billing cycle.
We have the right to cancel any subscription in the event automatic billing fails.
On occasion, the credit card you use may be declined or expired. When this happens, ShowBIZData will email you a notice that describes what you need to do to rectify the situation. If you do not address the situation within seven (7) days, your plan will automatically be switched to FREE SUBSCRIPTION and another announcement will be sent to you. You may re-instate your plan, or any other, by providing a viable credit card at any time.
Terms of this member agreement are subject to change. If you do not agree to any of these terms and conditions, please do not apply for a ShowBIZData account membership. If you are currently a customer and decide not to abide by the terms set forth in this member agreement, you should cancel your account membership immediately by contacting us at unsubscribe@ShowBIZData.com.
Electronic Communications
When you visit ShowBIZData or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We shall communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communication be in writing. If any applicable law now or in the future requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice shall be deemed to be given, by email, 24 hours after it is sent, unless we are notified that the email address is invalid.
Site Terms of Use
I. TRADEMARKS: ShowBIZData.com is a trademark of ShowBIZData Holdings, LLC. All rights reserved. These and other ShowBIZData graphics and logos are trademarks of ShowBIZData Holdings, LLC and its affiliates may not be used without prior written consent of ShowBIZData Holdings, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on ShowBIZData are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY User expressly agrees that use of ShowBIZData is at User's sole risk. Neither ShowBIZData, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that ShowBIZData will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of ShowBIZData, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through ShowBIZData. THIS SITE IS PROVIDED BY ShowBIZData ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. ShowBIZData MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ShowBIZData DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (a) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (b) ACCURACY OR CURRENCY OF ANY CONTENT FOUND ON THE SITE; OR (c) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME. ShowBIZData WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ShowBIZData NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall ShowBIZData or any other party involved in creating, producing, or distributing ShowBIZData be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use ShowBIZData, including but not limited to reliance by a User on any information obtained from ShowBIZData or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to ShowBIZData's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through ShowBIZData. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. INDEMNITY User agrees to indemnify and hold harmless ShowBIZData its directors, officers, employees, agents and owners from and against any and all losses, costs, expenses (including without limitation, reasonable attorney’s fees), claims, charges, damages, demands, or liabilities incurred by the User arising out of or pursuant to their use of the Site. User further agrees to defend, indemnify and hold harmless ShowBIZData, including its directors, officers, employees, agents and owners from and against any and all losses, costs, expenses (including without limitation, reasonable attorney’s fees), claims, charges, damages, demands, or liabilities arising out of any damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of the User pursuant to the use of the Site that is contrary to the Site Terms of Use.
IV. ACCURACY AND AVAILABILITY OF INFORMATION ShowBIZData contains a database of movie information and other content regarding movies and the movie industry compiled by ShowBIZData. While ShowBIZData uses commercially reasonable efforts to provide accurate information, ShowBIZData gives no warranty as to the accuracy of the database and other content on the Site. ShowBIZData reserves the right to amend, withdraw or delete information or content from the Site at any time.
V. CONTENT /PROPRIETARY RIGHTS User acknowledges that ShowBIZData contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and ShowBIZData owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. ShowBIZData is a distributor and not a publisher of Content supplied by third parties and Users. ShowBIZData has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of ShowBIZData are those of the respective authors or distributors and not of ShowBIZData Holdings, LLC or its affiliates, or any of their respective officers, directors, employees or agents. Neither ShowBIZData Holdings, LLC or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of ShowBIZData guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through ShowBIZData represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with ShowBIZData. ShowBIZData neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ShowBIZData by anyone other than authorized ShowBIZData employees. Under no circumstances shall ShowBIZData Holdings, LLC, ShowBIZData or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through ShowBIZData. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through ShowBIZData.
VI. COPYRIGHT AND LIMITATIONS ON USE The information available through ShowBIZData is the property of ShowBIZData Holdings, LLC or its licensors and is protected by copyright and other intellectual property laws. Information received through ShowBIZData may be displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the information received through ShowBIZData to anyone, including but not limited to others in the same company or organization, without the express prior written consent of ShowBIZData, with this one exception:
You may, on an occasional and irregular basis, include insubstantial portions of information from ShowBIZData in memoranda, reports and presentations, but only if such memoranda, reports and presentations are distributed or otherwise made available in non-electronic form, for a noncommercial purpose, to a limited number of individuals. You must include in all such memoranda, reports and presentations all copyright notices from ShowBIZData and the information used, original source attribution, and the phrase "Used with permission from ShowBIZData". You may not post any content from ShowBIZData to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of ShowBIZData.
Any text, photo, graphic, audio and/or video Material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.
You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent. We do allow indexing by search engines.
VII. CONDUCT Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and use of this site. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Those who choose to access any of ShowBIZData’s sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any software downloaded from the ShowBIZData’s sites is further subject to United States export controls. No such software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Users may not use ShowBIZData to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.
VIII. THIRD PARTY SITES ShowBIZData does not endorse the content on any third party website and is not responsible for the content of such third party websites that you reach through links on the Site, and we do not make any representations regarding their content or accuracy. Your use of third party sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction you conduct at a third party website will be between you and the party providing the website. ShowBIZData is not your agent and is not a party to any transaction at a third party site.
IX. PRIVACY POLICY In accordance with the terms of ShowBIZData Privacy Policy, http://www.ShowBIZData.com/privacy_policy.cfm, ShowBIZData respects the privacy of its Users.
X. TERMINATION OF USAGE ShowBIZData may terminate User's access, or suspend any User's access to all or part of ShowBIZData, without notice, for any conduct that ShowBIZData, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or ShowBIZData. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film, or other product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in our sole discretion, and to limit the quantities of any such service, program, film, or other product that we provide.
XI. APPLICABLE LAW: This Site is created and controlled by ShowBIZData in the State of California. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. ShowBIZData reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through ShowBIZData (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
XII. SEVERABILITY The provisions of these Site Terms of Use are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XIII. ASSIGNMENT User agrees not to assign their rights under this agreement without the written consent of an authorized representative of ShowBIZData, and any assignment without the consent of ShowBIZData shall be voidable at our option. The agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
XIV. ACKNOWLEDGMENT The Terms and Conditions, including all documents referenced herein, represents the entire understanding between you and ShowBIZData regarding your relationship with ShowBIZData and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS by using the ShowBIZData web sites. The aforementioned Terms and Conditions are subject to change.
