Welcome to the ShowMobile app, an iPhone application and service (collectively, the "Service") which is operated by ShowMobile, LLC ("Company"). By using the Service you are agreeing to be bound by these Terms of Use.

Use of the Service is limited to residents of the United States and Puerto Rico age 13 or older. If you are under 18, please get your parent's permission before using the Service. The Service is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 13.

Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

I. MOBILE SERVICES

Text Messaging and Subscription Services
Certain aspects of the Service may require sending text messages on a subscription basis. Carrier message and data rates may apply for all messages sent to or received from the ShowMobile app. You must be the account holder or have permission from the account holder of the wireless device to participate.

Current non premium services include:

ShowMobile Alerts
This subscription service is available to all users at no premium charge, however carrier message and data rates may apply. Users subscribing to ShowMobile alerts will receive 2 video to text (VTT) messages per ShowMobile episode watched plus 10 more textisodes and other alert messages per week.

Wireless Carriers
Participating carriers currently include Alltel, AT&T, Boost, Cincinnati Bell, Cricket, MetroPCS, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, and Virgin Mobile. Company in its sole discretion may add or delete a wireless carrier at any time, without notice. Some services may not be compatible with all handsets.

All rates may be adjusted from time to time and premium aspects of the Service may be added or withdrawn at the sole discretion of Company.

Mobile and Text Messaging
Some aspects of the Service may require text messaging. Important Notice for Text Messaging: You will be charged for each text message sent by your handset in accordance with the terms of your service agreement with your carrier. TEXT MESSAGING AND DATA RATES APPLY, AND WILL APPEAR ON YOUR WIRELESS BILL, OR WILL BE DEDUCTED FROM YOUR PREPAID BALANCE. Please consult your wireless service provider regarding their pricing plans. You must be a wireless service subscriber with text messaging service, using a participating service provider in order to participate via this method. You are responsible for all applicable taxes associated with your use of text messaging.

Canceling the Service from Your Mobile Device
To quit, text STOP to 62539. For help, text HELP to 62539, call 1-573-539-1764 or email support@showmobile.com. Texting CANCEL, END, QUIT, or UNSUBSCRIBE will also prevent further premium message interaction with the Service.

II. USE OF THE SERVICE

Use of the Service
You may use this Service solely for personal and non-commercial purposes only and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for entertainment purposes.

Registration
You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

Voting; Scripted Messages
From time to time certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting. While it may appear that our cast members are communicating directly to you, the content created by the cast members is scripted and controlled by us.


III. OWNERSHIP OF CONTENT

Your License to Company
The Service may provide you with an opportunity to share and upload, or submit to contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as "Content"). You, or your parent/legal guardian if you are under the age of 18, hereby grant Company a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the Content. You, or your parent/legal guardian if you are under the age of 18, acknowledge that our use of your Content may include licensing such Content to third parties and/or using such Content for advertising purposes. In no event shall we be required to seek your, or your parent/legal guardian if you are under the age of 18, approval or provide you with any compensation in connection with such uses. You, or your parent/legal guardian if you are under the age of 18, acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You, or your parent/legal guardian if you are under the age of 18, also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.

IV. ACCEPTABLE USE AND TERMINATION

Acceptable Use Policy
Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to Company at support@showmobile.com.

You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.

Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:

Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit, remove, or limit your ability to post any Content at any time without notice.

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

Flagged Uses

If other users report actual or alleged violations of the Acceptable Use Policy to us as specified above on three (3) or more occasions, we will terminate your account and all access to the Service immediately.

Limitation or Termination of Access
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

V. MISCELLANEOUS

Privacy
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy. http://www.showmobile.com/privacypolicy/

Links
This Service may contain links to other web sites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

Our Proprietary Rights
Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.

No Warranties
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).

Indemnity
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law. The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

All DMCA notices should be sent to our designated agent as follows:
Attn: ShowMobile DMCA Notice
c/o Joseph Lewczak
Davis & Gilbert
1740 Broadway
New York, NY 10019

Email: copyright@showmobile.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information
Should you have any questions you may contact us at support@showmobile.com.

Effective Date: These Terms of Use were last updated on January 3, 2014.