Website Terms and Conditions

1. General

This website www.showmemory.com (the “Website”) is the exclusive property of Reartix (“ShowMemory”).

For the purposes hereof, the term “ShowMemory” includes ShowMemory and its suppliers and licensors, as well as its employees, officers, administrators, shareholders, agents, subcontractors and other representatives.

This document constitutes an “Agreement” between you and ShowMemory, which sets out the terms and conditions by which ShowMemory allows you to visit the Website and to view the information that is contained therein. By visiting the Website, you accept the terms set forth in this Agreement. Please read this document carefully and in its entirety. If you do not agree with the terms of this Agreement, please end your visit of the Website.

BY VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, WITHOUT LIMITATIONS OR RESERVATIONS, AND BY ANY APPLICABLE LAWS.

2. Compliance with this Agreement and Applicable Laws

Your use of this Website shall be in compliance with this Agreement and any applicable laws, most notably, but without limiting the generality of the foregoing, the laws pertaining to copyrights and trademarks.

3. Creation of an Account

To use the Interactive Features of the Website, you must create a user account. You can only create one user account on the Website. You are responsible for all activities carried out from your account. You are also responsible for the information contained in your user account, which must be complete, up-to-date and accurate.

You must not use or attempt to use another person's account. You are also prohibited from creating a misleading identity. You agree to use either your real name or an original alias, and to use a profile picture that looks like you or an original fictitious avatar. If we believe that you have created an account impersonating another natural person or a company, we may at any time, in our sole discretion, with or without notice, deactivate your account. Your username and profile picture must not be violent, defamatory, obscene, or offensive or promote or encourage discrimination, fanaticism, racism, hatred, harassment, or violence against any individual or group.

You are entirely responsible for the confidentiality of your password. If you share your password with anyone, your account may be used by someone else. ShowMemory is not responsible for any damages that may result from sharing your password. Please notify ShowMemory immediately of any unauthorized use of your account or password, using the following email address: info@showmemory.com

You can permanently delete your account. When you delete your account, you will no longer be able to access it and your username will no longer be visible on the Website and your User Content, as that term is defined in the Content Policy, will be anonymized.

If you engage in fraudulent acts or any other illegal activity, if you infringe the rights of any third party, or if you violate these Terms and Conditions, the Content Policy or any other policies issued by ShowMemory, ShowMemory reserves the right, at its sole discretion, to suspend or delete your account and to delete your User Content from the Website

4.Intellectual Property

All information, content, documents, images, audio clips, video clips, trademarks, trade names, trade dress, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos and any other elements incorporated into or published on the Website (collectively, the “ Content”), including the manner in which the Content is compiled, presented or appears and all information relating thereto, are subject to our Content Policy, available at: www.showmemory.com/contentpolicy

If you believe that any Content infringes your rights, please consult and follow the reporting process set out in our Content Policy to notify us of this infringement.

5. Restrictions on Use of Content

Subject to your compliance with the terms and conditions of this Agreement, ShowMemory grants you a non-exclusive, personal, non-assignable and non-sublicensable, license to access (remotely via an Internet connection provided by you) and make personal and non-commercial use of the Website and the Content, the whole solely for informational purposes.

Except as specifically provided herein or in the Content Policy, no Content from the Website may be copied, reproduced, republished, reuploaded, posted, transmitted, downloaded or distributed by you in any way without the prior written consent of ShowMemory.

Except as expressly provided herein or in the Content Policy, or in the case where ShowMemory has specifically granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. More specifically, no right, title or interest in any Content, including without limitation any logos or other marks of ShowMemory, is transferred to you as a result of your use of the Website, and ShowMemory reserves complete title and full intellectual property rights in and to such Content, subject to the terms of our Content Policy.

6. Purpose of Website and Limitation on Warranty

The primary goal of this Website is to provide a professional database, information and news about performing arts and the live entertainment industry. The information contained on the Website is provided for information purposes only and should only be used with this goal in mind.

While ShowMemory makes all reasonable efforts to ensure that the Content is accurate and up to date, it is possible that, at any given time, the Content may be incomplete, inaccurate or out of date. Before making a decision based on the Content, you should validate the information with another source or contact ShowMemory.

Changes are continuously made to the Content, due to the interactive nature of the Website; these changes will be incorporated in new editions of the Website. ShowMemory may also make improvements, corrections and/or changes to the Website and the Content, at any time and without notice.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE GENERAL QUALITY, THE UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, LEGALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES BASED ON PREVIOUS CONDUCT OR ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

7. Limitation of Liability

SHOWMEMORY ASSUMES NO LIABILITY PERTAINING TO THE USE OF THE WEBSITE AND/OR THE CONTENT OR FOR ANY DAMAGE OR PROBLEM, WHATEVER ITS NATURE OR ORIGIN, THAT MAY ARISE IN THE USE OF THIS WEBSITE AND/OR CONTENT OR FOLLOWING THE USE THEREOF.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT SHOWMEMORY WILL NOT ASSUME ANY RESPONSIBILITY FOR:

ANY INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF OPPORTUNITY, LOSS OF DATA OR COST OF DATA RECOVERY, HOWSOEVER CAUSED, EVEN IF THERE WAS A NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR

DAMAGES OR LOSSES RESULTING FROM: (A) VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; (B) TELECOMMUNICATIONS SERVICE PROVIDERS; (C) THE INTERNET BACKBONE; (D) THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; (E) DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; (F) LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; (G) THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; (H) ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; (I) OR EVENTS BEYOND THE REASONABLE CONTROL OF SHOWMEMORY, EVEN IF THERE WAS A NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS OR EVEN IF SUCH DAMAGES OR CLAIMS WERE REASONABLY FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE WILL SHOWMEMORY'S TOTAL CUMULATIVE AGGREGATE LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUNDRED CANADIAN DOLLARS (CND $100).

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

8.Indemnity

You agree at all times to indemnify, defend and hold harmless ShowMemory against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) related to or resulting from, directly or indirectly:

any information or User Content, as this term is defined in the Content Policy, which you send to ShowMemory by e-mail or other correspondence;

any information or User Content which you submit to ShowMemory to be published on the Website; or

subject to Section 7, your use or misuse of the Content or this Website, including, without limitation, intellectual property infringement claims.

9. Hyperlinks and References

The Website contains links that allow you to access websites operated by third parties and containing information on said parties (“Third Party Sites”). These links have been provided solely as a convenience for users of this Website and your access to Third Party Sites through links provided on the Website is at your own risk. ShowMemory makes no representation and offers no warranty as to these Third Party Sites, the state of these third Party Sites, the information contained therein or distributed by such Third Party Sites. ShowMemory assumes no liability or responsibility concerning any damages that may arise from the use of links to Third Party Sites or information contained therein or distributed by any Third Party Sites.

10. Privacy

ShowMemory collects and uses personal information in connection with the Website in accordance with applicable laws and its Privacy Policy available on the Website at the following link: www.showmemory.com/privacypolicy

11. Website Monitoring and Consent to Data Exchange

ShowMemory reserves the right, at its sole discretion, to monitor your use of the Website as well as the use and access of all other users. By accessing to this Website, you consent to such monitoring. However, you also acknowledge that ShowMemory is not obligated to take action to control the users’ activities on the Website and therefore is not responsible for any users’ activities.

12. Changes Without Prior Notice

ShowMemory reserves the right to amend this Agreement at any time, and in its sole discretion, by posting the amendments on this Website. You are responsible for periodically reviewing the Website for any amendments to the Agreement. Access to the Website or use of this Website after any amendments have been posted shall be construed as your acknowledgement and acceptance of the amended Agreement.

In the event of litigation involving this Agreement, the version of this Agreement in effect at the time the disputed actions take place shall govern the dispute.

13. Trademarks

The Website contains trademarks that are the property of ShowMemory or third parties. Trademarks that are owned by third parties are used on the Website pursuant to our Intellectual Property Policy. You receive no license to use the trademarks featured on the Website and any such use must be pre-approved in writing by ShowMemory.

14. Entire Agreement

This Agreement, as it may be amended from time to time in accordance with Section 12, and any and all other legal notices and policies on this Website, constitute the entire Agreement between you and ShowMemory with respect to the use of this Website and the Content.

Notwithstanding the foregoing, certain Content may be subject to different terms, which will be disclosed to you at the time of accessing such Content. If terms different from those contained herein are disclosed to you in relation to specific Content, those terms will apply to such Content and take precedence over this Agreement.

15. Severability

Any provision of this Agreement that is deemed unlawful, void, or for any reason unenforceable, shall be deemed to be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision.

16. Limitation of Access, Term and Termination

This Agreement is effective for the duration of your use of the Website. ShowMemory reserves the right to prevent or limit your access to this Website at its sole discretion. The Intellectual Property Policy, restrictions on use of the Content, limitation on warranty, limitation on liability, and indemnity provisions contained herein shall survive the termination or expiration of this Agreement.

17. Applicable Laws and Jurisdiction

ShowMemory is located in and conduct its activities from the Province of Quebec, Canada. This Agreement and your use of the Website will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and shall be treated in all respects as a contract entered into and executed in the Province of Quebec, without reference to conflict of laws principles.

Any dispute that may arise from your use of this Website is subject to the exclusive jurisdiction of the courts in the Province of Quebec, district of Montreal. To the extent permitted by law, you agree to waive any right you may have to participate in any class action against ShowMemory related to this Website, its Content or this Agreement and, where applicable, you also agree to opt out of any class proceedings against ShowMemory.

18. Disclaimer of Availability

The Website may list or refer to ShowMemory and other third party Content that is currently not available in your country. Any reference to such Content in relation to a different jurisdiction does not obligate ShowMemory or the third party concerned to make this Content available in your country at any point.