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Last updated: February 4, 2016
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND/OR SERVICE. IN CONSIDERATION FOR THE USE OF THE SITE AND/OR SERVICE, YOU AGREE TO THESE TERMS. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE SITE AND SERVICE, OR LINKING TO THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR SERVICE AND DO NOT LINK TO THE SITE.
EACH TIME YOU MAKE A PURCHASE OF PAID SERVICES (SEE SECTION 5) YOU AGREE TO THE THEN-MOST CURRENT TERMS. EACH TIME YOU USE THE SITE TO ACCESS NON-PAID SERVICES, YOU AGREE TO THE THEN-MOST CURRENT TERMS.
1. Changes to these Terms
URshow reserves the right to modify these Terms at any time, at its sole discretion. If URshow decides to change these Terms, URshow will post those changes here. We encourage you to visit this section of the Site regularly in order to remain informed of any changes.
3. Third-Party Services and Links
4. Use of the Site and Service
4.1 Permitted Use
4.2 Prohibited Use
In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Site or Service for any purpose not expressly authorized by these Terms and/or transmit, post, or distribute to the Site and Service content that:
4.3 Limited Permission to Public Search Engines
Notwithstanding 4.2 above, URshow grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. URshow reserves the right to revoke these exceptions either generally or in specific cases.
4.4 Creating an Account
In order to access some features of the Site and Service, you will have to create an account (“Account” or “Accounts”). You may never use another's account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify URshow immediately of any breach of security or unauthorized use of your Account. Although URshow will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of URshow or others due to such unauthorized use.
You can access, view, update and make changes to your Account, by going to the control panel in your Account (“Account Control Panel”).
You must be the age of majority in the province, territory or state in which you reside in order to subscribe to the Service. In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for the minor’s conduct and consequences of any use or misuse of the Service by the minor. You acknowledge that some content in the Service may contain mature themes.
5. Free Services and Paid Services
URshow may offer both free and paid Services. Paid Services may include, for example, annual subscriptions or one-time special events (“Paid Service” or “Paid Services”). When URshow promotes Paid Services, we may also include details relating to the specific Paid Service (“Paid Service Details”). If you decided to purchase a Paid Service, you agree specifically to the Paid Service Details and these Terms that collectively constitute your agreement with URshow. Both the Paid Service Details and a link to these Terms will be provided to you by email in an order confirmation (the “Order Confirmation”).
5.1 Prices, Payment Methods and Billing
5.2 Electronic Documents
You hereby consent to the exchange of information and documents between you and URshow over the Internet or by email and that these Terms (together with any applicable Order Confirmation(s)) in electronic form shall be the equivalent of an original written paper agreement between us. You further 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.
For subscription Paid Services, URshow will continue to bill you for as long as you remain a paid member. You can always cancel whenever you want. URshow reserves the right to change our fees at any time, but no price change will go into effect until we have given you the appropriate notice of the change.
While URshow would hate to see you leave, you may cancel your subscription Paid Service at any time through your Account Control Panel.
All payments are non-refundable, and we will not refund you or credit you for any partially used periods. However, if you cancel your Paid Service, you will continue to have access to our Paid Services through the end of your then-current billing cycle and will of course continue to have access to our free Services.
If URshow is unable to provide a one-time special event Paid Service that you have ordered because the event has been canceled and not rescheduled, URshow will refund you the amount charged for that Paid Service. Paid Services are provided “as is” and on a “subject to availability” basis and Paid Services may be subject to temporary interruptions due to causes outside of URshow’s control (such as weather or technical failure). URshow will not refund charges or credit you for the blackout period or temporary interruptions.
6. Member Submissions
6.1 Member Submissions
You shall be solely responsible for your Member Submissions and the consequences of posting or publishing them. By posting or submitting any Member Submission, you automatically grant to URshow and its designees a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sub-licensable, assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, adapt (including without limitation edit, modify, translate, and reformat), transmit, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. For all such materials, including Member Submissions, that you submit to or through the Site and Service, you represent and warrant that:
6.3 Prohibited Uses in Connection with Member Submissions
You must use the Site and Services, including in connection to Member Submissions, in a responsible manner. You agree not to use the Site and Services or contribute a Member Submission that:
URshow has the right, but not the obligation, in its sole discretion, to review, edit, or delete any Member Submissions. Without limiting the foregoing, URshow has the right, but not the obligation, to delete any content that
Although URshow may from time to time monitor or review a Member Submission, URshow is under no obligation to do so and assumes no responsibility or liability arising from any Member Submissions for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Member Submission does not constitute approval or endorsement by URshow.
6.4 Be Conscious of What You Post
You acknowledge that your Member Submission is available to the public and accordingly agree that any content you post shall be deemed non-confidential. You should avoid posting any sensitive or personally identifiable information. When you provide any Member Submissions, you are acting at your own risk, and URshow disclaims all responsibility and liability for your posts.
6.5 Reporting Violations
If you believe that a Member Submission is defamatory, libelous, slanderous, false, obscene, pornographic, profane or misleading or is otherwise in violation of these Terms and wish to report the violation, please contact customerexperience@URSHOW.tv with the subject line: Reporting Violation. Although URshow is not obliged to delete content that you report, URshow reserves the right to delete content that is in violation of these Terms. Please be sure to describe the submission in sufficient detail so that URshow can identify it and please identify why you believe the content violates these Terms.
7. Copyright, Trademark and Intellectual Property
7.2 Notice and Procedure for Making Claims of Copyright Infringement
2281 North Sheridan Way
Mississauga, Ontario, Canada L5K 2S3
Phone: 1 (905) 403 7299 Email: jdobson@URSHOW.tv with the subject line “DMCA Notification”
This contact information is for DMCA notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and legal fees, if you materially misrepresent that materials on the Site and/or Service are infringing a copyright.
7.3 Unsolicited Ideas or Content
Do not send URshow unsolicited ideas or content over which you claim or wish to claim intellectual property rights (“Unsolicited Content”). If you send us Unsolicited Content, you agree that:
URshow is constantly creating new, original and fresh Content to provide through our Services, which means the Service, may change from time to time. You understand and agree that URshow has no obligation to provide or continue providing all or any specific Content through our Services. You also understand that our agreements with creators, celebrities and providers of content may restrict us from making some Content available to you in various ways, such as geographic restrictions or restrictions on the type the Site or Service, or the device through which some Content can be consumed.
8.1 Mature Content
Some Content provided by URshow may contain mature content, which may not be appropriate for all users. Some Content may not be rated and may contain violence, sexual content and mature themes. Adult and mature Content is only intended for users who are the age of majority in the Canadian province or territory in which they reside, or users who have received consent from a parent or legal guardian.
You acknowledge and agree that your Account may have access to adult or mature Content and/or Content that may depict nudity, sexual activity, violence, adult language, or is otherwise graphic or objectionable in nature. You agree that use of the Service is at your sole risk, and that URshow has no liability to you or anyone who uses the Service for the type of Content accessed.
9. Disclaimer of Warranties
IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION LAWS (E.G. PROVINCE OF QUEBEC, CANADA), THEN THIS SECTION DOES NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY. CERTAIN FEDERAL, STATE OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION 9 WILL NOT APPLY TO YOU.
YOU AGREE THAT ALL CONTENT ON THIS SITE AND SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS SITE AND SERVICE IS AT YOUR OWN RISK. URSHOW DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF URSHOW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT URSHOW DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE AND SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS SITE, SERVICE OR THE SERVER THAT THE SITE AND SERVICE ARE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE, SERVICE AND ANY CONTENT, INFORMATION AND/OR MEMBER SUBMISSIONS AVAILABLE THROUGH THE SITE AND SERVICE IS SOLELY AT YOUR OWN RISK.
SOME OF THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT URSHOW ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
10. Limitation of Liability
THE SITE AND SERVICE ARE CONTROLED AND OFFERED BY URSHOW AND ITS FACILITIES IN CANADA AND THE UNITED STATES OF AMERICA. URSHOW MAKES NO REPRESENTATION THAT THE SITE AND/OR SERVICE IS AVAILABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICE FROM OTHER JURISDICTIONS DO SO AS THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. You expressly acknowledge that we make the Site, Service and Content therein available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in these Terms, and that these form an essential basis of the bargain between you and URshow. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.
10.1 APPLICABLE TO ALL EXCEPT RESIDENTS OF THE PROVINCE OF QUEBEC
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, URSHOW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE, THIS SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, ANY THIRD PARTY SOFTWARE, ANY THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT; OR (C) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.
10.2 APPLICABLE ONLY TO RESIDENTS OF THE PROVINCE OF QUEBEC
EXCEPT FOR DAMAGES RESULTING FROM THE INVOLVED PARTIES OWN ACTS, THE INVOLED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS, OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE; (B) ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT; OR (C) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE SITE AND SERVICE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE
You agree to indemnify, defend and hold harmless URshow and its affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (the “Indemnitees”) from and against any claims, causes of action, damages, liabilities, losses, costs, or expenses (collectively, “Losses”) that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with:
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in City of Toronto, Province of Ontario, Canada.
13. Termination of Site and/or Service
URshow reserves the right to change or discontinue at any time, without notice, the Site, the Service, any Member Submissions, Content, contests, materials, equipment, specifications, models, products and/or other services described on the Site, Service or the availability thereof. URshow also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Site and/or Service with or without notice to you.
14. Entire Agreement; Severability
The section/paragraph headings appearing in these Terms are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.
These Terms are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without URshow's prior written consent, which consent shall be at URshow's sole discretion.
17. Contact Us
Last updated: February 4, 2016
Thank you for visiting the official website of www.URSHOW.tv (“URshow”).
1. How do you collect personal information and what personal information do you collect?
We collect personal information from you when you provide information directly to us, for example, when you contact us, create an account to use our Service, make a purchase, post messages and comments, or make inquiries or other communications to URshow.
Examples of personal information we may collect and use are:
We also collect personal information when you use the Site and the Service. Examples of personal information we may automatically collect when you use our Site and Service are:
2. How do you use my personal information?
URshow may use your personal information for the following purposes:
3. Does URshow share my personal information?
URshow may share your personal information in connection with, or as a result of a business transaction, including the sale of all or part of URshow.
URshow may also share your personal information in order to comply with a legal process, for example, in response to a court order or a subpoena, or other legitimate government or law enforcement requests.
4. How does URshow keep my personal information safe?
URshow has implemented reasonable safeguards appropriate to the sensitivity of the personal information, from loss or theft, or unauthorized access, disclosure, copying, use or modification.
If URshow uses third parties such as service providers, URshow requires such service providers to use similar safeguards to those used by URshow, and also requires service providers to limit access to your personal information and to keep it strictly confidential. Service providers are only permitted to use your personal information for the sole purpose of carrying out services on behalf of URshow.
URshow retains your personal information only as long as necessary or relevant for the purposes we identified or as required by law.
Your personal information may be stored and/or processed or otherwise used by or on behalf of URshow both inside and outside of Canada. If a service provider is located outside of Canada, your personal information may be processed and stored in a country that has laws that are different from those in Canada, and where the government (e.g. the United States) may be able to obtain disclosure of your personal information under its local laws.
We encourage members not to share their account name and password with others. If your account information is, or you suspect is, shared, stolen or lost, please contact customerexperience@URSHOW.tv
5. What about third party links?
6. What about children?
URshow does not knowingly collect personal information from anyone under 13 years of age. If you believe we have unknowingly collected personal information of someone under 13 years of age, please contact us as we will review and delete the information. If that is not reasonable, we will take reasonable steps to de-identify the information.
URshow may use third-parties to collect information automatically when you visit and use our Site, Service and other websites. This may include both non-identifiable information and personal information about your online activities over time. This may include:
URshow may deliver advertising and messages with content we think is targeted and relevant to you. In order to do so, URshow may use third-party service providers to provide us with analytics to our Site, collect and measure data from visitors of our Site, and may set their own cookies. These third-party service providers bring the information together about your visits across our Site and other sites to learn about you and your characteristics and preferences, in order to deliver more relevant advertising to you.
URshow may use third-party service providers to provide us with analytics to help us run and improve our Site and Service. For example, URshow uses analytics software to keep track of usage of our Site and Service, and work together with marketing companies that collect analytic data to improve our marketing across different online properties. The marketing companies may use the analytics data to improve their own services and the services of others, including URshow.
8. Can I Opt-Out?
The following outlines how you can opt-out from some of our collection practices.
8.1 Marketing Messages
If at any time you decide you no longer want to receive special offers or other marketing and promotional communications from URshow or our selected partners, you can opt-out. You can unsubscribe by clicking the unsubscribe function in the email you receive or within your Account Control Panel.
Please allow 10 business days to process your request.
Note that we may still send you non-promotional emails, such as emails about your account, service-related announcements regarding the Service or other communications regarding our ongoing business relations.
You may be able to set your browser to notify you before you receive a cookie and disable cookies. Please note, if you disable cookies, some areas of the Site may not function properly.
8.3 Analytics and Targeted Advertising
You may opt-out of analytics and targeted advertising programs that track your activities across multiple websites to deliver personalized advertising content to you.
If you are in Canada, please visit: http://youradchoices.ca/understanding-online-advertising
If you are in the United States, please visit: http://www.aboutads.info/choices/
9. How can I access my personal information?
Upon written request, URshow will let you know what personal information URshow has about you, what it is being used for, and with whom it has been shared. If you notice any inaccuracies or wish to update any part of your personal information, URshow will look into that as well.
URshow will provide you with access to your personal information that is in its possession, subject to certain exceptions, including information that is referenced to another individual’s personal information that cannot be severed, information subject to solicitor-client privilege, or other legal restrictions that may prevent URshow from fulfilling your request.
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If you are still having trouble, please Contact Us at customerexperience@URSHOW.tv or use the form below.