Terms

Showbacker Terms of Use

Please read our Terms of Use (“Agreement”) before using our services. This Agreement sets forth the legally binding terms & conditions for your use www.showbacker.com (the “Site”). By using services offered by Showbacker, Inc (the “Service”) in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement.

Our Services

Showbacker is a platform where Showbacker, Inc. (the “Company”) runs campaigns to fund live concerts by providing tickets to the concert if a concert is successfully booked. Through the Site, email, and other media, the Company makes accessible various content, including, but not limited to photographs, images, artwork, graphics, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Visitors to the site and users of the Company’s services (collectively, “Users”) are responsible for abiding by Showbacker’s Terms of Use.

The Company reserves the right to change, suspend, or discontinue any of its services at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Acceptance of Terms

Showbacker services are subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (available at the end of this document) and all other operating rules, policies, and procedures that may be published on the Site by the Company. These Terms of Use apply to every User.

The Company reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of Showbacker services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Abide the Rules of Law

As a condition of use, you promise not to use Showbacker services for any purpose that is prohibited by the Terms of Use or law. You are responsible for all of your activity in connection Showbacker services. You shall abide by all applicable local, state, national, and international laws and regulations. You shall not:

  • Infringe any copyright, trademark, right of publicity, or other right of any other person or entity, or violate any law or contract
  • Contribute content you know is false, misleading, or inaccurate
  • Invade other’s privacy
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence
  • Impersonate any person or entity, including any employee or representative of the Company

Additionally, you shall not interfere or attempt to interfere with the proper working of Showbacker services.

User Sign Up

You shall provide accurate registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. The Company reserves the right in its sole discretion to refuse registration of or cancel a User’s account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User’s account without the other User’s express permission.

The Company may terminate your access to Showbacker services, without cause or notice, which may result in the forfeiture and elimination of all your account information. If you choose to terminate your account, you may do so by following the Site instructions.

Agreement of Electronic Deliverability of Notices

By using Showbacker services, you agree/consent to receive all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Notices") electronically from the Company.

Shows – Backing a Show

Showbacker is a platform where Showbacker, Inc. lists potential shows in a specific city (“Show”). By backing a Show, you agree to be bound by this entire Agreement, including the following terms:

  • Showbacker reserves the right to cancel a ticket commitment at any time for any reason
  • You agree to provide accurate payment information when committing to buy a ticket to a show (“Backing a Show”). Payment will be collected following the deadline, only if the amount of ticket commitments surpasses a target threshold and Showbacker receives a Letter of Intent from the band. Users Backing a Show will only be charged for the amount committed
  • You consent to Showbacker and its payment partners authorizing or reserving a charge on your payment card or other payment method for any amount up to the full ticket commitment at any time between the ticket commitment and collection of the funds
  • You agree to have sufficient funds or credit available at the Show deadline
  • You may increase, decrease, or cancel the number of tickets you commit to before the deadline
  • You will have the opportunity to review your ticket purchase commitment before you are charged
  • Showbacker will refund any money charged if Showbacker fails to provide tickets to a show
  • Showbacker reserves the right to cancel, interrupt, remove, or suspend a listed Show at any time and for any reason

Shows – Booking a Show

Following the successful funding of a show, Showbacker will work with venues, promoters, band managers, band members, and booking agents (collectively “Partner”) to book a show. Partners agree to the following:

  • Showbacker and its payments partners will remove their fees before transmitting proceeds of a campaign to a Partner
  • Partner reserves the right to use the ticketing company of its choice
  • Partner agrees not to add any additional fees to Users who successfully backed a Show
  • Partner agrees to provide tickets to Users who successfully backed a Show

Copyright & Trademark

You agree that the Service contains Content provided by the Company and its Partners and Users and that the Content may be protected by copyrights, trademarks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.

Indemnification

You shall defend, indemnify, and hold harmless the Company, its Partner, and each of its and its Partner’s employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, Showbacker services and Content.

Showbacker Privacy Policy

For further information about our privacy policy, please contact us directly at info@showbacker.com. Showbacker cares about your privacy. By visiting the Site, and/or using services offered by Showbacker, Inc. (the “Service”), you acknowledge that you accept the policies outlined in this Privacy Policy.

Showbacker’s Privacy Policy addresses how the Site utilizes personally identifiable information (“Personal Information”) that Showbacker accesses and collects when you access the Site and/or use features of the Service.

Changes to Privacy Policy

Showbacker reserves the right to change, alter, or amend this Privacy Policy. Showbacker will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Policy when Users use the Site after such changes have been made.

Personal Information Collected

Showbacker collects Personal Information in order to provide its Service.  Showbacker collects the following information:

  • Personal Information provided by you. Showbacker stores any information entered by you on the Site or provided by you in any other manner
  • Personal Information collected through the Site.  Showbacker receives and records information on our server logs from your browser including your IP address, cookie information, and the page you requested
  • Personal Information collected through third parties and payment partners. Showbacker receives information from third parties such as payment authorization tokens

 

Use of Personal Information

Showbacker needs to collect Personal Information from its Users in able to offer its Service. Showbacker shares this personal information on a limited basis:

  • Showbacker shares Personal Information with its Partners in order to provide Users with tickets following successful backing of a Show
  • Showbacker may provide Personal Information to Partners of unsuccessfully backed show in order for Partners to sell a similar Show
  • Showbacker may provide offers to you from other businesses, however Showbacker will not provide your Personal Information to the other businesses

 

Further Information Regarding Privacy Policy

If you have any questions, issues, or concerns regarding Showbacker’s Privacy Policy, please do not hesitate to contact us at info@showbacker.com. We will make every effort to get back to you as quickly as humanly possible.

Date Effective: 19 November 2012