SHOWMANGO – TERMS AND CONDITIONS


1 Introduction

1.1 These terms and conditions (“Terms and Conditions”) constitute an agreement between you and Undred Limited (company number 08810050 in the registrar of Companies for England and Wales) of 145-157 St John Street, London EC1V 4PW (“we”, “us”, “our”) in relation to your access to and use of our websites, mobile applications, APIs, notifications, buttons, ads, text, photos, pictures, graphics, comments, links to third parties, other content, data or information widgets and other services, known as “Showmango” (collectively referred to as “Products”), and any upgrades and updates to our Products from time to time.

1.2 By accessing or using our Products, registering an account, or by viewing, accessing, sharing, uploading or downloading any content or information from or to our Products, you agree to be legally bound by these Terms and Conditions, and our privacy and cookie policy (“Privacy Policy”), available at www.showmango.com/privacy.

1.3 We provide a monthly subscription plan that allows registered users to access live events hosted by promoters, labels and venues we have arrangements with, directly through our website.

1.4 We may withdraw our support for our Products or introduce additional charge or charges applicable to the use of our Products at any time. We will notify you if we do so through our website www.showmango.com.

1.5 We may amend these Terms and Conditions from time to time by uploading replacement Terms and Conditions to our website www.showmango.com and/or by emailing them to you. By continuing to use our Products following replacement Terms and Conditions being uploaded, you agree that you will be bound by the replacement Terms and Conditions. These Terms and Conditions are current as of 27th July 2015.

2 Registration

2.1 In order to register, access and use our Products, it is required to meet the following conditions:

(a) you need to be at least 18 years old;
(b) you must provide us with your full name;
(c) you must enter a valid email address and set your own personal password;
(d) you must confirm your email address to activate your account by following the instructions on the confirmation email that we shall send you;
(e) you must provide us with your personal, current, valid and accepted method of payment (your “Payment Method”);
(f) you must provide us with such information as we specify to complete your registration in order to create your user account (“User Account”); and
(g) your registration, access and use of a User Account must comply with these Terms and Conditions.

2.2 In providing your information to us, you represent that:

(a) all information that you provide is accurate, honest, truthful and current;
(b) you have the right to use this information;
(c) using our Products, you will maintain and update the information relating to your account if that information changes;
(d) your registration and use of your account and your use of the Products is not prohibited by law;

2.3 Your account is personal to you. You must not allow any other person to use your User Account to access our Products.

2.4 You agree that you will not sell, transfer, assign or license your account, username or any rights and licenses attached to your User Account.

2.5 You may at any time cancel your subscription using the Products or by notifying us using the contact details available on our website www.showmango.com. If you do so, you may not be able to benefit from the full functionality of the Products.

2.6 Following cancelation of your subscription, we may retain the details you provided us for a commercially reasonable period of time.

3 Subscription, free trials and billing

3.1 Your subscription, which may start with a free trial, will continue month-to-month unless and until you cancel it or we terminate it.

3.2 We will charge your monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.

3.3 We may offer you a free trial. The length and conditions of this free trial will be specified at sign-up. We reserve the right to determine at our absolute discretion your eligibility to the free trial.

3.4 Free trials are only available to first time subscribers. Only one free trial is available per Payment Method.

3.5 We will begin charging your Payment Method for your monthly subscription fees at the end of your free trial period unless you cancel prior to the end of the free trial period.

3.6 You will not receive a notice from us that your free trial period has ended or that your subscription have been charged to your Payment Method.

3.7 The monthly subscription fees for our service will be charged at the end of your free trial and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment.

3.8 Subscription fees are non-refundable.

3.9 We do not store details of your Payment Method. We use Braintree and Stripe as regulated payment processors, and rely on them to store this information. More information about them can be found on www.braintreepayments.com and www.stripe.com.

4 Use of the Products

4.1 Once your account is activated, you have the ability to benefit from complimentary access to events listed on the Products.

4.2 Access to events listed on our Product is based on a first come first served basis. We do not guarantee that you will be able to reserve access to all the events that we list as we do not control this availability.

4.3 You shall only be able to reserve access to three events at a time.

4.4 After reserving access for three upcoming events, you shall only be able to reserve access to a new event after 8pm on the day of the first reserved event or by cancelling your first reservation.

4.5 Your shall not use our Products to sell, transfer or gift third parties your right to access the events listed on the Products;

4.6 You agree that we may place some advertising and promotions on the Products or on, about, or in conjunction with your Content.

4.7 You acknowledge and agree that we may not always identify paid services, sponsored content, or commercial communications as such.

4.8 You acknowledge that there may be links to third-party websites advertisers, promotions, services, features, and other events or activities that are not owned or controlled by us within our Products, or within communications you receive from us. We do not control any of these third-party services or any of their content. You expressly agree that we are in no way responsible or liable for any such third-party services or features and you will hold us harmless for any of your activities related to them.

5 Restrictions of use

5.1 You agree that:

(a) you will comply with any applicable restrictions on accessing, using or otherwise exporting our Products;
(b) you will not access or use our Products on a jail-broken or rooted device;
(c) you will not use our Products in any unlawful manner or for any unlawful purpose, including money laundering or the financing of terrorism;
(d) you will not use our Products in a fraudulent or malicious manner;
(e) you will subscribe if you attempt to derive income from the use or provision of our Products, whether for direct commercial or monetary gain or otherwise;
(f) you will not bypass or attempt to bypass the in-built security of our Products or of our systems; and
(g) you will not attempt to interfere with any transmissions to or from our Products and/or the servers supporting our Products.

5.2 We reserve the right to refuse your registration and access to our Products, to terminate your use of our Products, and to remove or refuse to distribute any Content within our Products at any time to anyone for any reason.

6 Use of your personal data and use of cookies

6.1 We collect personal data of registered users. Upon registration, users automatically grant a royalty-free, non-exclusive, worldwide, transferable, perpetual, sublicensable, and irrevocable right to us to host, store, cache, use, modify, reproduce, publish, transmit, adapt, display (publicly or otherwise), create derivative works, analyse, distribute and share this data.

6.2 These Terms and Conditions incorporate our privacy and cookie policy (as we may update it from time to time), which is available at www.showmango.com/privacy.

7 Intellectual property

7.1 We grant you a personal, limited, non-exclusive, non-transferrable, non-assignable, and revocable licence to access, view, download, and use our Products for the purposes set out in these Terms and Conditions.

7.2 We may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, all licenses and other rights granted to you in these Terms and Conditions shall immediately cease, except that you will continue to be bound by these Terms and Conditions.

7.3 You must not modify, reproduce, distribute, or publish our Products or any documentation or materials from which our Products are created. You must not, and must not endeavour to, reverse-engineer, scrape any content from, create derivative works out of, or decompile our Products or any part of our Products.

7.4 You must not remove or alter, or reuse in any manner or for any other purpose, any copyright, trade mark, or other notices that have been placed within our Products.

7.5 We (or the persons who have licensed the relevant rights to us) retain all rights in our Products and their contents other than the rights granted to you under this paragraph 7.

7.6 If you send us feedback, suggestions, recommendations or new ideas, we shall be able to use them without any restriction or compensation to you.

8 Disclaimer of liability

8.1 We exclude all terms relating to the quality, availability and functionality of our Products and will not be liable to you for any loss resulting from your inability to use our Products or any of their functionalities.

8.2 If our Products damage your device or its content, we will only be liable to you for the reasonable repair or replacement cost, except to the extent you could have reasonably avoided the effect of the damage (for example, by frequently backing-up the content).

8.3 We will only be liable for the reasonably foreseeable losses incurred by you to the extent arising from our breach of these Terms and Conditions, except for:

(a) any loss resulting from any failure or delay in the delivery of electronic communications, or the interception or manipulation of electronic communications by third parties; or
(b) any loss of profit, loss or corruption to data, loss of business, loss of opportunity, or loss of anticipated savings (in each case, whether direct or indirect).

9 Miscellaneous

9.1 Any reference in these Terms and Conditions to the words “include” or “including” (or any similar term) is not to be read as implying any limitation because they are followed by words that indicate a particular class of acts, matters or things.

9.2 You acknowledge that no waiver by us of any breach of any provision of these Terms and Conditions by you will be considered as a waiver of any subsequent breach of the same provision or any other provision, and that no other action by us in respect of a breach by you will bind us to take the same action in respect of future breaches.

9.3 You may not assign any of your rights under these Terms and Conditions to any other person without our prior written consent.

9.4 If any of these Terms and Conditions is found to be invalid or unlawful, the relevant provision will be severed from the remainder of these Terms and Conditions, and the remainder of these Terms and Conditions will continue to be valid and enforceable to the fullest extent permitted by law.

9.5 These Terms and Conditions and any dispute or claim between you and us arising out of or in connection with it or its subject matter will be governed by the laws of England. By agreeing to be bound by these Terms and Conditions, you agree to submit to the jurisdiction of the English courts.